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YOUNGSTOWN -- Judge Thomas Pokorny on Monday dismissed a handful of charges against Elijah A. Hatten, 27, including aggravated robbery with a gun specification and a repeat violent offender specification, after a key witness in the case failed to appear for Hatten's jury trial.
Mahoning County Assistant Prosecutor Patrick Kiraly told the judge a subpoena was issued for the witness to come to court at 8:30 a.m. Monday for the trial. She received the subpoena but she "has not shown up," Kiraly said.
Kiraly asked the judge to postpone the trial so prosecutors can again try to have her testify. Kiraly said he spoke to the witness two weeks ago, and she said she would attend.
Aaron Meikle, Hatten's attorney, told the judge his client has been in the county jail for over a year awaiting trial "on a he-said-she-said case," and Meikle asked that the trial take place Monday without the witness.
Pokorny instead dismissed the case without prejudice, meaning it can be refiled at a later time. Pokorny was handling the case for Mahoning County Common Pleas Judge John Durkin. Hatten was released from the county jail Monday.
The alleged offenses took place early Dec. 19, 2022, at the ESA apartments on Kendis Circle. Taylor D. Greer, now 27, told police that about 1 a.m., Hatten, who is her ex-boyfriend and the father of her child, stole her handgun, pointed it at her and took their child, according to a police report.
Greer said that when Hatten came to her apartment, he asked to use the restroom. She allowed him, but she later saw him coming out of her bedroom with her handgun and pointed it at her, according to the police report.
Hatten then took their son and left, she told police.
Officers went to two locations trying to find the child. While doing that, Greer told police she did not think the child was in any danger and also informed an officer that the boy "had actually been with Elijah for about a week or two and that (Hatten) had brought the child to (her) apartment with him."
A separate police report states that about 6:20 p.m. that day, Greer went to another apartment in the ESA apartment complex, causing the residents of that apartment to call 911.
When police arrived, they heard a window shatter and then observed Greer walking nearby. Officers had been provided with a description of the clothing the suspect was wearing, according to the report.
Police placed Greer in handcuffs and officers noticed Greer was bleeding from lacerations on both hands, according to a police report. Greer was placed in the back of a cruiser and an ambulance was called for her injuries.
The alleged victims of the second incident said Greer had come to the apartment at 6:15 p.m. According to the report, Greer banged on the window and asked "Is my son here?" Greer shattered windows, and then started to climb through the window, the police report states. The victim said she struck Greer to stop her from entering the apartment.
Officers observed two broken windows and a blue hat next to the window. Greer was advised she was being arrested for "forcing entry into an occupied structure with the intent to cause physical harm."
She was later indicted on misdemeanor offenses, but Kiraly said he did not know the outcome of that case. Youngstown Municipal Court records suggest she pleaded guilty to a low-level misdemeanor.
Kiraly said Monday the home Greer tried to break into is associated with Hatten's family. Kiraly said he does not know whether Hatten will be re-indicted.