An aggravated battery charge against Dwight L. Swafford was dismissed Friday afternoon in Lyon County District Court.
Lyon County Attorney Marc Goodman said that the charge was dismissed with prejudice, meaning that it cannot be refiled later.
Swafford, 55, was charged July 11 with attempted second-degree murder in the shooting of his companion’s 29-year-old son, William M. Calvert, during an altercation in June at the home of Swafford and the victim’s mother, Denise Calvert.
William Calvert was injured seriously in the shooting.
The original charge against Swafford was dismissed in December, and he was charged that month with aggravated battery.
Goodman said that after multiple conversations recently with Swafford’s attorney, Frederick L. Meier II, attorneys agreed that Swafford would give a statement about the incident to an Emporia police detective. Swafford previously had not made a statement in the case.
“Certainly, it’s not a condemnation of Mr. Swafford, but he had originally never made a statement,” Goodman said. “He had elected to assert his right to remain silent and, of course, we’d honored that.”
Goodman said there had been a number of questions remaining about the case.
“...(R)ather than just go into the arena of a full trial court, we agreed to this statement being given to the detectives,” he said.
“After reviewing that statement and after talking with the detective, and in combination with the statements made by the son and the mother, we decided that evidence was inconclusive as to either theory of the case, and that the best interests of justice were served that it just be dismissed with prejudice. We will not refile it. ...”
“There was no way to determine even the slightest probability that one theory was more accurate than the other.”
Read more on this story in Saturday's Gazette.
hickory (anonymous) says...
It's a shame that the couty attorney has already ruined Dwight's good reputation on charges that never should have been charged in the first place. A person can't even defend himself anymore. Calvert is the one that should get charged, if he hasn't already. I bet the county won't pay for Dwight's attorney fees either.
March 20, 2009 at 4:47 p.m. ( permalink | suggest removal )
neighbor (anonymous) says...
“After reviewing that statement and after talking with the detective, and in combination with the statements made by the son and the mother, we decided that evidence was inconclusive as to either theory of the case, and that the best interests of justice were served that it just be dismissed with prejudice. We will not refile it. ...”
In other words, IT NEVER SHOULD HAVE BEEN FILED IN FIRST PLACE!
March 20, 2009 at 4:58 p.m. ( permalink | suggest removal )
Bjnemp (anonymous) says...
That's great! So, am I to assume Lyon County will be reimbursing Mr. Swafford for his thousands of dollars in attorney's fees he was forced to pay to defend this ridiculous charge and will pay a healthy sum in punitive damages for destroying his reputation?
The other night I had a suspicious looking fellow lurking in front of my house. It was 2:00 in the morning on a quiet NW Emporia street. I turned on the porch light and stepped outside onto the porch carrying an assault rifle. He ran into the night and disappeared. I was relieved. Had he decided to forcibly enter my home, and I had fired six or eight warning shots into his chest and head, I would probably had to endure what poor Mr. Swafford went through to defend his life and property.
I'm elated that Mr. Swafford's ordeal is over. He should never have had to go through it in the first place.
March 20, 2009 at 5:01 p.m. ( permalink | suggest removal )
ghost (anonymous) says...
The fact is this guy wouldn't give a statement til apparently recently...at least the prosecutors listened instead of just plowing ahead...and until he gave his statement the state only was getting one side...
March 20, 2009 at 5:33 p.m. ( permalink | suggest removal )
Bjnemp (anonymous) says...
Ghost: He gave his side of the story, in detail, to investigators at the time of the incident. He felt that was sufficient and should have been the end of it. In fact, when police arrived on scene and saw the front door kicked in, that should have been defense enough.
This entire incident was a miscarriage of justice. We need to stop punishing victims for defending themselves and their property and jail the jerks who commit the crimes.
March 20, 2009 at 6:23 p.m. ( permalink | suggest removal )
justthinkin (anonymous) says...
Thank you Marc Goodman for reversing what NEVER should have been filed.... I can't even imagine what Dwight has been through, and I, as a taxpayer, apologize for this tremendous miscarriage of justice. At the time, I remember the coffee clubs were discussing how unfair it is that he was even charged. I'm glad it is over, but I agree, he is entitled to more than just having the charges dropped. An apology would only be the start of what he is owed for the stress and expense he undoubtedly had put upon him. Lyon County should be ashamed.
March 20, 2009 at 6:31 p.m. ( permalink | suggest removal )
admireed (anonymous) says...
just...you are right on. Shame on us!
March 20, 2009 at 9:11 p.m. ( permalink | suggest removal )
Steve_Corbin (anonymous) says...
I wish this would have been handled differently.
March 20, 2009 at 9:16 p.m. ( permalink | suggest removal )
spectator (anonymous) says...
Doggone right this should never have been filed just like Swafford should not have been immediately arrested and confined. A miscarriage from the get-go. And I don't know that ALL of it was Goodman's fault.
March 20, 2009 at 11:49 p.m. ( permalink | suggest removal )
madpoet (anonymous) says...
mrwho. are you serious? It was his girlfriend's son not his buddy. It was stupid of her to open the door to him when she knew he was drunk and wanting to fight. She'd taken a gun from him earlier, for Heaven's sake! I wonder what SHE was thinking. I would have called the cops on him. We did not see what happened. In today's story the son's and mom's stories are different. They don't say what Swafford said. Could have been different from one or both of the others. I'm not clear where Calvert was shot. Maybe in the back but if he was turning as the shot was fired, that could happen too. We just don't know since we weren't there. We don't have enough information to form good theories really. It's enough for me that the fool forced his way into someone's house and started a fight. I'd have shot him too. Only he wouldn't have survived my 20 guage with nitromags. So Calvert should count himself lucky his stupidity didn't get him a serious case of dead. I hope he's being charged with breaking and entering and assault since he started the fight. I don't fault Swafford for finishing the fight.
March 21, 2009 at 10:46 a.m. ( permalink | suggest removal )
hottopics (anonymous) says...
I agree, if these charges are filed, dropped, file a new one than dropped. These are the things that should be done BEFORE charges are filed.
I have a incident going on in my family that is the same way. The County Attorneys ""Assistant Attorneys"" are just as bad. Making charges, causing unnecessary legal fees for the family that so ridiculous. Charge em first, then drop em. Or worse you are forced into a diversion because you dont have the money to fight them.
They need to regroup their AUTHORITY and be held accountable for charging THEN investigating.
March 22, 2009 at 12:17 a.m. ( permalink | suggest removal )