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Show Local land developer has charges dismissed Si JirT I 7 Y ij !,':' V.'--"- '-' f ' 'M f: ... f . f : ... : P vfx- ' , ' iGm m ,mm ,-mn " . , 4' ' r ? : ! Judge says probable cause not evident his own motion when one of his witnesses wit-nesses failed to show up because he suffered a heart attack. "I can't go forward with hearsay evidence, and I don't want to go forward for-ward without my witness's testimony on the stand and cross-examination to determine the truth," Shumate stated as the preliminary hearing started. Rigby's attorneys, Devoe Heaton of Las Vegas and Will Bishop of Cedar City, presented a defense for Rigby saying that the charges are results of mistakes on Rigby's part, not "criminal intent." Early in the hearing a motion was made by Bishop to dismiss "for the state's .' failure to prove prima-facie evidence." The motion was denied. A preliminary hearing is conducted to determine if there is "probable cause" that a crime has been comitted. In Rigby's hearing no probable cause was found by Judge Owens. As a result, Rigby was released and the case was dismissed. The charges against Rigby involved the alleged sale of the same property on contract to more than one party and the alleged changing of the lot number on a previously signed uniform real estate contract. All the parties in the matters have previously settled the disagreements, either with Rigby privately or through civil courts. The crux of the matter rested on the question of whether there was "crimal intent" or not on the part of Rigby in the transactions. Tuesday's hearing was a continuation of the Aug. 21 hearing when the case of State of Utah vs. Floyd Rigby first went to be heard. It was continued to this week because the the large amount of testimony called for both by the prosecution and the defense. By RANDY DANIELS Record Reporter Jlnyd Rigby, a Cedar City land developer, had charges against him dismissed in a preliminary hearing Tuesday afternoon in circuit court. Ninth Circuit Court Judge Robert F. Owens dismissed three of four charges against Rigby when he found no probable cause to bind him over for trial. Iron County Attorney James L. Shumate dismissed the other charge by Iron County Attorney James L. Shumate (right) explains the court system and how to be a good witness during the robbery prevention seminar last week in Cedar City, The several speakers addressed a small group of local businessmen and presented ideas as to how to protect themselves. |