Nov. 15—A case against a former Pittsburg County jailer accused of sexual acts against an inmate was dismissed last week after the alleged victim remains in federal custody and could not testify.
Robert Duane Westley Richardson, 26, McAlester, was originally charged in May on felony charges of forcible oral sodomy and sexual battery.
According to a Nov. 6 court minute filed in Pittsburg County District Court, the case was dismissed "on motion of the state without costs... due to inability to secure victim's presence from federal custody" by Pittsburg County Special District Judge Brian McLaughlin.
The dismissal comes after a motion to dismiss was denied after the alleged victim was not able to be present at a Sept. 7 preliminary hearing with McLaughlin continuing the hearing to Nov. 6. A court minute in the case stated, "if alleged victim is not available on (Nov. 6), case will be dismissed."
A formal motion to dismiss was filed the morning of Nov. 6 at 11 a.m., stating an announcement of the appearance of the alleged victim was not received and asked for the case to be dismissed.
Court records show the alleged victim is in the custody of the U.S. Marshal Service awaiting sentencing for a homicide in Cherokee County.
A probable cause affidavit filed in the case states the investigation into the now former Pittsburg County jailer began after jail administrators were made aware of "a possible incident" between a female federal inmate and a male jail staff member.
The alleged victim told investigators Richardson came into her cell at around 2 a.m. "and that they were talking and then they kissed," the affidavit states.
Pittsburg County Sheriff Deputy Michael Glasco wrote in the report at approximately 4:50 a.m., Richardson is seen on video entering the cell and leaving seven minutes later. The alleged victim told the investigator she performed a sexual act with Richardson during that time frame.
Richardson agreed to speak with Glasco after being read his Miranda rights and told the investigator that the incident did not happen and "did not have any other statement," the report states.
In a Nov. 15 social media statement, Richardson's attorney, Brecken Wagner, wrote investigators and the district attorney's office are always "quick to bring an allegation, and write up something inflammatory they know the paper will run, but never ready to apologize for the human wreckage they leave in their wake."
"The accused matter. The accused have feelings, and families, and many that suffer along with them," Wagner wrote in his statement. "They don't ever get the headline they deserve when they stop being the accused, and become the exonerated, but they should."