A judge dropped the attempted kidnapping charge yesterday against a 26-year-old man after testimony from the man and his girlfriend caused the judge to doubt probable cause.
Athens County Municipal Court Judge William Grim dismissed James Shaffer’s attempted kidnapping charge after he and his girlfriend, the victim, explained the incident in court.
Shaffer, of The Plains, was charged with attempted kidnapping and aggravated burglary after he allegedly entered the victim’s father’s house without permission, forcibly removed her from the closet where she was hiding and dragged her outside the house, causing injury Feb. 28, according to court documents.
Both Shaffer and the victim deny the charges.
The victim testified she was hiding in the closet because her father had instructed her not to see Shaffer anymore. She said she did not want Shaffer to see her because she had planned to meet him later without her father’s knowing. The victim’s father told her to hide in the closest when Shaffer arrived at the house, according to her testimony.
Shaffer said the victim’s father told him she was not there, but six to 15 minutes later, her stepmother told Shaffer she was in the closest.
The victim could not remember if Shaffer took her by the hand or by the arm from the closest because she was under the influence of drugs the day of the incident but remembers that she willingly came outside the closest.
“He didn’t forcibly take me out of the closet like (the state is) saying,” she said.
Shaffer testified that he took her by the hand and assisted her out the closest after her stepmother told him where she was hiding.
Both agreed that they went to the kitchen, and then the victim’s father told Shaffer, “I’m going to gut you.”
The county’s Assistant Prosecutor Keller Blackburn asked both what caused the altercation between Shaffer and the victim’s father. Neither was able to give an answer.
The victim testified that she did not want charges to be pressed against Shaffer and that she did not feel threatened by Shaffer the night of the incident.
“If (Shaffer) wanted to kidnap me, he would have gotten me in the car, but he isn’t that kind of person,” the victim said.
In the victim’s witness statement, she said she did feel threatened by Shaffer and that she wanted charges to be pressed against him. She admitted that she was under the influence of drugs during her statement.
During his testimony, Shaffer said after the altercation in the kitchen, he, the victim, her stepmother and her father exited the house, but he did not force the victim to come out the closet.
Shaffer added that the victim’s father and stepmother punched him repeatedly outside. After the punching stopped, Shaffer left the scene and the victim’s father called the police, he said.
“I wasn’t there to fight nobody. I wasn’t there to hurt nobody,” Shaffer said.
Grim dismissed the attempted kidnapping charge because of lack of probable cause. The aggravated burglary charge remained because it could not be determined when or if Shaffer was given permission to open the closet.
Shaffer’s bond was reduced from $75,000 to $5,000 with the added condition that he could not have contact with the victim.
Aggravated burglary is a first-degree felony. Shaffer could spend a maximum of 10 years in prison and pay a maximum fine of $20,000 if convicted, according to the Ohio Revised Code.
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