Charges against woman dismissed after injured husband denies his cooperation

Published 12:00 am Tuesday, November 29, 2005

It was a case of a missing witness/victim that led to a dismissal of charges Wednesday against an Ironton woman charged with felonious assault.

Karen Lewis- Holroyd, 36, of 522 Hawk St. was arrested July 24 at her residence and accused of beating her husband, Robert Holroyd, 51,with a baseball bat.

That incident took place approximately two weeks before the woman allegedly shot her husband at a friend's Coryville Road residence. A Lawrence County grand jury refused to indict Lewis-Holroyd for that incident because her husband testified the shooting was accidental.

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Assistant Lawrence County Prosecuot Bob Anderson told Lawrence County Common Pleas Judge Frank McCown that Robert Holroyd has refused to cooperate in the prosecution of his wife in the baseball bat incident as well.

&#8220We got the best address we could find, issued a subpoena and I'm not certain he has been served,” Anderson said.

&#8220He has never called our office and he had asked previously that we not pursue this. I believe the case needs to be pursued. He's been shot through the heart and he survived it and in this case he was hit in the head with a baseball bat. This is not in accordance with our wishes; we need to prosecute but Š the state reluctantly moves to nully the charge.”

Holroyd's attorney, David Reid Dillion said Robert Holroyd was aware of the pretrial hearing but did not want to see his wife stand trial for what she allegedly did.

Brenna Hall, 36, 1321 S. Eighth St., pleaded guilty to one count of theft. Walton sentenced her to four years community controlled sanctions under intensive supervised probation, which includes a six-month stay in a community based correctional facility. She must also make restitution in the amount of $11,150 to her victims.

Melody Robinson, 29, of Ashland, Ky., was arraigned on four counts of trafficking in cocaine.

Lawrence County Prosecutor J.B. Collier Jr. had asked the court for a $50,000 bond, since Robinson is no stranger to the criminal system.

&#8220She is a Kentucky resident with a prior record. She spent time in a prison in Kentucky,” he said.

But Robinson's attorney, Chris Delawder, argued that Robinson's previous conviction was in 1999 and she successfully completed probation after her release from prison. He asked that she be release on her own recognizance.

&#8220She has a 2-year-old child. She's been a resident of Ashland all her life, there is no reason to believe she is a flight risk,” Delawder said.

Walton set bond at $60,000 cash or $120,000 property and scheduled a Nov. 30 pretrial conference.

A South Point man pleaded guilty Wednesday to violating the terms of his probation. Jonathon McCann, 24, 27 Private Drive 1179, was originally sentenced

for a guilty plea to a

charge. Lawrence County Common Pleas Judge Frank McCown sentenced McCann to six months in prison but gave him credit for time served.

In arguing for prison time, Assistant Lawrence County Prosecutor Mack Anderson said since McCann's conviction, he has tested positive for drug use twice and has admitted to consorting with drug users. In January he stopped reporting to his probation officers. Anderson also pointed out that a warrant was issued for McCann's arrest in June but it took authorities five months to locate him.

But McCann's attorney, Jason Smith, contended that those drug tests for which his client tested positive were 14 months ago. Since then, McCann has gotten a job since he has small children to support. He asked McCown to allow McCann time between sentencing and the start of his sentence to spend some time with his children and get his personal affairs in order.

&#8220This is not a pretty record in terms of your violations. You failed a series of drug tests and you indicated you've associated with other drug users. You say you've been working but you haven't been doing other things you're supposed to do like pay your fines,” McCown said. Š&#8220We had a time finding you and I can't let you bounce out of here and then have trouble finding you again.”

McCown denied that request.