An indictment against one of the defendants in the Adair-Kennedy Memorial Park arson case is being thrown out.
Superior Court Judge Philip Pallenberg made the ruling Thursday in the state’s case against 24-year old Ryan Martin. He said that he expected to issue a written order as soon as Friday.
Martin was one of three people that prosecutors allege caused the destruction of turf laying materials and equipment at Adair-Kennedy. There was as much as $30,000 damage during the June 2012 incident.
Martin was initially charged with felony arson and criminal mischief, and misdemeanor criminal trespass and furnishing alcohol to a minor.
Co-defendant Dillon West, 25, is facing misdemeanor charges of trespass, criminal mischief, and furnishing alcohol to a minor.
Both West and Martin were scheduled to stand trial next week, but the trial was pulled from the schedule during a previous court hearing earlier this week.
Since the state prosecutors intended to try both men at the same time, it’s still unclear how the dismissal motion will affect the current case against West.
A third co-defendant, Ashley Johnston, 19, was convicted at trial of felony criminal mischief and misdemeanor trespassing, but acquitted of felony arson. She was ordered in April to serve 120 days in jail. She is currently listed as under community supervision as part of her parole or probation.