Man accused in Fort Worth girl’s kidnapping had previous sexual assault case dismissed
The sexual assault and an aggravated assault charge had been dismissed in November, court records show.MAY 19, 2019 12:06 PM
A man
accused in the kidnapping of an 8-year-old Fort Worth girl Saturday evening had been charged last year with sexual assault in Smith County but the case was later dismissed.
Smith County court records show Michael Webb, 51, was indicted in June on second-degree felony charges of sexual assault and aggravated assault with a deadly weapon.
Both charges, however, were dismissed on a motion filed by prosecutors in November.
Richard Vance, the Smith County prosecutor who handled the case, said Sunday the dismissal came after the alleged victim in the case became uncooperative and apparently left the state.
“Our hands were pretty much tied on that one, otherwise we would have prosecuted him,” Vance said.
Vance said the charge stemmed from a single incident on April 26, 2018, at a Tyler motel.
He said the alleged victim, a woman in her 30s or 40s with a history of prostitution, had initially indicated to authorities that she and Webb were in some type of relationship. She accused him of striking her while displaying a deadly weapon and sexually assaulting her, Vance said.
“From the get-go, she was filing affidavits of non-prosecution,” Vance said. “That, in and of itself, doesn’t keep us from prosecuting but we made attempts to contact her with no success.”
Vance said investigators determined the woman, who had outstanding warrants for her arrest, had likely gone to another state.
“She was actively avoiding us,” Vance said. “... She was uncooperative, wanted, and was in a different state and was clearly moving around on the run.”
With the trial date approaching, Vance said, the District Attorney’s office decided to dismiss the charges without prejudice. By doing so, he said, the option to still prosecute Webb in the future if they found the alleged victim remained open.
“If we’d gone to trial without her, we’d run the risk of a not-guilty,” Vance said.
Vance said learning that Webb is now accused of kidnapping a young girl is disturbing news.
“When I heard the name, it bothers you because you hate hearing that as a prosecutor,” Vance said. “But our hands were pretty much tied on that one.”
Attorney Jason Parrish, who represented Webb in the dismissed Smith County cases, did not respond to a message seeking comment.