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DA dismisses prosecution against accused kidnapper


(Created: Monday, November 24, 2008 7:15 PM CST)
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The Collin County District Attorney’s office dropped charges against a man accused of kidnapping and robbery.

John Michael Harrison faced two felony counts of aggravated robbery and kidnapping but prosecutors dismissed the case after they lost the case’s only fact witness, according to records filed in the 401st District Court.

McKinney Police charged Harrison with a first-degree felony charge of aggravated kidnapping and a first-degree charge of aggravated robbery back on Feb. 1. A grand jury indicted him two months later on both charges, according to court records.

The victim, Jose Samuel Hernandez, provided a statement to police and Collin County DA’s officials as the case’s only fact witness.

Meanwhile, Harrison sat in the Collin County Detention Center on a $60,000 bond, $30,000 for each charge and returned to the jail two weeks later when the Collin County Sheriff’s Office charged him with a misdemeanor charge of bond forfeiture along with an additional $2,500 bond, according to Collin County Detention Center records.

Last week, the DA’s office filed a motion to dismiss prosecution against Harrison. The office claimed the witness’ testimony could not be proved.

“Proof of…this offense by this defendant cannot be sustained,” the motion read, “absent the testimony of Jose Samuel Hernandez, the only fact witness.”

401st District Judge Chris Oldner approved the prosecution’s motion and dismissed the charges against Harrison in connection to the alleged kidnapping and robbery.

The jail released him last Monday, according to jail records.

If Harrison had been convicted of the charges, he could have received a state prison sentence of five to 99 years or life and a possible fine no higher than $10,000, according to the Texas Penal Code.


Attempts were made to obtain a copy of the probable cause warrant filed with the District Court in connection with Harrison’s subsequent charges, but they could not be obtained by presstime Monday.

Contact Danny Gallagher at dgallagher@acnpapers.com.


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