State drops robbery, other charges against Rockland man

Posted July 23, 2012, at 12:27 p.m.

ROCKLAND, Maine — Charges, including robbery, against a 20-year-old Rockland man were dropped last week and a resolution involving another defendant may be near.

The charges against Derrick A. Bustard were dismissed due to insufficient evidence, according to papers filed July 17 in Rockland District Court. Assistant District Attorney Jonathan Liberman said Monday the decision to drop the charges came after the police and prosecution’s investigations were recently completed.

Bustard had been charged with robbery and two counts of stealing drugs.

The alleged incident occurred Feb. 13 in Owls Head.

The alleged victim in the case, Kimberly A. Viera, 37, of Spruce Head, had called police that night to state that she had been assaulted and robbed of prescription medications, her cellphone and possibly a debit card, according to a police affidavit filed in February.

Viera herself was charged with violating a condition of release by having consumed alcohol while on bail pending an operating under the influence charge. Police stated in their report that the alleged victim was extremely intoxicated and that her blood alcohol test came in at 0.23, nearly three times the level at which a person is considered under the influence for driving purposes.

She was sentenced later that week to 48 hours in jail for violating the condition of release.

Police reported that the alleged victim had a bloody nose and bruises on her face.

Bustard was one of three people charged in connection to the case.

Jessica L. Elwell, 21, of Owls Head is charged with robbery, two counts of stealing drugs, assault, theft, and two counts of violating conditions of release.

Kristi M. Hall, 22, of Owls Head is charged with two counts of stealing drugs.

Liberman said Monday he did not want to comment on whether charges might be dropped against the other defendants in the case until action is taken in court.

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