During Tyrell Dixey’s preliminary hearing Thursday , prosecutors filed a motion to dismiss his original charge without prejudice after one of their witnesses wasn’t cooperating with them on the stand.
Sixth District Magistrate Judge Rick Carnaroli granted the motion in court with no objection from Dixey’s public defender, John Souza.
Tyrell Dixey is one of two men accused in the murder of Lric Elkins, who was found in an apartment on the 100 block of North Grant Street stabbed to death.
Sgt. Brian McClure took the stand first. He recounted the Pocatello Police Department’s response to the initial disturbance call and finding Elkin’s body. He also drew a diagram of the apartment.
One of the key witnesses, Crystal Martinez, took the stand next. As she was asked questions about the events leading to Elkin’s death, Martinez often refused to answer questions. She also denied statements she made to police, saying she “wasn’t in the right state of mind.”
That’s what caused the prosecution to file their motion to dismiss, according to deputy attorney Ryan Godfrey.
“The witness is not cooperating with the state at this time,” said Godfrey. “So we elected to dismiss rather than go forward with that.”
Along with their dismissal, prosecution also filed a failure to report charge against Dixey. If convicted of that charge, Dixey could face 10 years in state prison and a $50,000 fine.
Dixey will have an arraignment hearing for his new charge on Aug. 19 at 1:30 p.m. Prosecutors did say they intend to re-file a principal to second-degree murder charge against Dixey in the future since they still have evidence coming in from the Idaho state lab.