Nazareth gunpoint robbery charges are withdrawn

FROM THE EXPRESS TIMES

Prosecutors have withdrawn all charges against an 18-year-old Nazareth man and a 20-year-old Saylorsburg man accused of robbing a boy at gunpoint, court records say.

Three counts of robbery and about two dozen related charges against Kewdy Andre Santa-Mella of the 100 block of Spring Street and Justin Aracelio Caban were withdrawn, records say.

Charges against Caban were withdrawn on Monday, while Santa-Mella's charges were withdrawn today, records say.

"The facts did not support the victim's version," Prosecutor Patricia Mulqueen said.

Mulqueen said that police did have probable cause to make arrests at the time, but continued to investigate when they discovered discrepancies in the victim's story. Mulqueen would not elaborate further.

Nazareth police referred questions to the Northampton County District Attorney's Office.

Caban’s attorney, Gary Asteak, said several eyewitnesses disputed the victim’s version of events and Caban passed a polygraph test when asked whether the committed a robbery.

“He was exonerated by eyewitnesses,” Asteak said. “He was exonerated by the polygraph.”

Santa-Mella's attorney, Brett Riegel, said the victim in the case claimed to have been robbed when in fact that person was involved in a drug dispute.

"Kewdy had done nothing more inappropriate than give a friend a ride, not knowing the friend planned to make a drug purchase," Riegel said.

According to Riegel, one of Santa-Mella's friends purchased the drugs from the alleged victim, the victim complained about the amount paid, Santa-Mella's friend left with the drugs, and the victim concocted a story about being robbed.

"We appreciate the district attorney's commitment to the truth and continuing an investigation into the matter before prosecuting an innocent young man," Riegel said. "This very easily could have been a case that went all the way to a jury to reach the same conclusion a prosecutor reached on his own."

The two men were accused of robbing a 15-year-old boy on April 13 in the area of East Chestnut and North Cedar streets, records say. Caban was accused of pulling a gun on the teen and robbing him of $120, records say.
The two then sped away in a car allegedly driven by Santa-Mella, records say.

http://www.lehighvalleylive.com/nazareth/index.ssf/2011/07/all_charges_withdrawn_in_nazar.html