An aggravated robbery charge filed against an Oak Ridge man in June was dismissed on Tuesday, and the man will get his gun back, court records said.
A hearing had been scheduled for Xyrius Jaeren Dickerson, 21, in Anderson County General Sessions Court in Oak Ridge on Tuesday afternoon.
But the charge was dismissed, attorney David Stuart said. The alleged victim has refused to appear, he said.
Prosecutors had no choice but to not oppose the motion to dismiss, Stuart said.
The defense also got an order to get Dickerson’s gun back, Stuart said. The gun had been placed into evidence at the Oak Ridge Police Department. Its return to Dickerson is subject to a few conditions, including proof of ownership and compliance with city rules and regulations.
In theory, prosecutors could take the case against Dickerson to the Anderson County Grand Jury, but that seems unlikely because they’re giving the gun back to him, Stuart said.
The charge against Dickerson was filed after an alleged robbery was reported at a home on Pennsylvania Avenue on June 16. It allegedly involved an armed confrontation between two defendants, including Dickerson and a juvenile co-defendant, and a juvenile victim.
In a warrant filed last month, ORPD Officer S. Perry Lewis said Dickerson admitted in writing that he knew there was allegedly $200 in U.S. currency taken from the juvenile co-defendant, and they believed the victim was the one who stole it on an earlier date, so he decided he would “confront the thief.”
“An argument commenced between the defendants and victim, and the juvenile co-defendant began to strike the victim several times in his face and body, leaving minor bruising and swelling to the victim’s face,†Lewis said in the warrant.
The victim allegedly surrendered $120 cash after one or two demands for money, the warrant said.
“The victim stated that the defendant had a greenish gold and black handgun in his waistband at all times and was scared to fight back because he thought the defendant would shoot him,†the warrant said. “The defendant did admit that he had the Glock 31 .357 handgun…visible in his waistband at all times.â€
Police found the gun hidden in a basement when the co-defendant’s mother gave officers permission to search the home, the warrant said. The gun matched the description of the weapon reported by the victim, Lewis said.
Lewis said he recovered $20 cash from the co-defendant, but $100 was still missing.
Records on the juvenile co-defendant and juvenile victim are not available, and it’s not clear if the juvenile co-defendant is facing any charges.
Family and friends had rallied to Dickerson’s defense on social media. They questioned the story, saying Dickerson hadn’t robbed anyone, and they expressed optimism that the charge would be dropped.
More information will be added as it becomes available.
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