Theft, trespassing charges dropped in D'Elia case

Wednesday, February 12, 2014

Nevada Daily Mail

Charges have been dropped against a Nevada man who removed construction materials from a trash container last summer.

Christopher D'Elia was charged with theft and trespassing in August 2013. Nevada Police officers encountered D'Elia at a Nevada High School construction site where he was removing construction materials from a trash container.

D'Elia told the Daily Mail in September 2013 that he had permission to remove items from the trash receptacle and that he was legally justified in doing so because the trash container was located on public property.

Nevada Police officers were unable to confirm D'Elia's story and permissions, and filed paperwork with the prosecuting attorney's office. Several days later, D'Elia was arrested for misdemeanor trespassing and felony theft charges.

Charges against D'Elia were dismissed on Jan. 30.

Vernon County Prosecuting Attorney Lynn Ewing said that charges against D'Elia were dismissed because a subpoenaed witness failed to appear in court. Without testimony from a Crossland Construction witness, the state was unable to proceed in court.

Detective Sgt. Steve Bastow of the Nevada Police Department said that the witness appeared in court several other times, but because of case delays, the out-of-state individual was unable to return for a final time.

Ewing said that the issue with the charges was whether or not D'Elia had permission to be on school grounds within a particular area, and if he had permission to remove items from the trash container.

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