Case against Robert Hairston dismissed without prejudice

Jan. 27—PRINCETON — A case against a McDowell County man charged with kidnapping and other offenses was dismissed Thursday in Mercer County Magistrate Court after the alleged victim did not appear to testify and could not be contacted.

Robert David Hairston, 51, of Kimball was scheduled for a preliminary hearing before Magistrate Susan Honaker. Hairston had waived the time limit on his hearing, which by law must be held within 10 days for people who are jailed, when he appeared Jan. 10 before Honaker. Hairston was being held at the Southern Regional Jail.

Hairston was charged with kidnapping, six counts of malicious assault, six counts of assault during the commission of a felony, four counts of first-degree sexual abuse, attempt to commit sexual assault and conspiracy, according to a criminal complaint filed by Cpl. B.J. Garretson of the West Virginia State Police detachment in Princeton.

A woman told investigators that on Dec. 27, 2022, she met Hairston at an Oakvale Road convenience store after he said that he would give her a ride to a friend's funeral in North Carolina, according to the complaint. She said that instead of driving her to the funeral, Hairston took her to a trailer after driving around and sexually abused her while repeatedly threatening her life. The woman then stated that Hairston took her to the home of one of his relatives, and called for help on his cellphone after he passed out from drinking alcohol.

Assistant Prosecuting Attorney Jennifer Polk made a motion to dismiss the case Thursday after the woman did not appear to testify at the preliminary hearing. Honaker granted the motion.

"He waived his time so we spoke to the victim (Wednesday) and today and she said she would be here," Polk said later. "Basically, we wanted her testimony so it wouldn't violate any hearsay rules, but she did not appear after multiple attempts to contact her."

The case was dismissed without prejudice, meaning he could be indicted directly by the grand jury if the woman appears, Polk said.

Hairston was released Thursday after the hearing. He was represented by attorneys Joseph Harvey and Brandon Austin.

— Contact Greg Jordan at gjordan@bdtonline.com

Contact Greg Jordan at gjordan@bdtonline.com