Last Friday Sheriff Brian Bellendir reported that an arson charge against Zachariah Dittrick was dismissed in Barton County District Court after the county attorney’s office failed to issue subpoenas for Dittrick’s preliminary hearing on Sept. 13. County Attorney Amy Mellor responded Tuesday with a press release from her office, stating that the charge was dismissed due to a miscommunication, not through the fault of her office.  

“Dittrick was never released from jail, as he is also being held in another Barton County District Court case in which he is charged with aggravated domestic battery. His bond set at $20,000 in that case,” Mellor noted.

“When the preliminary hearing is initially set, it’s usually added to a docket that is already crowded with other cases. 

Typically, there may be 15 to 20 preliminary hearings that are already set on a particular day prior to another case’s first setting being added to that docket. Since it is impossible to conduct even the 15 to 20 hearings that are previously set in the seven-hour period that a judge is available for hearings, it’s not unusual for a preliminary hearing on the docket for the first time to not be heard in favor of the other cases that have been there longer. Under those circumstances, for cases that are set for the first time, subpoenas are not normally issued,” Mellor stated.

Mellor stated that the cases are moved along as quickly as possible.

“It’s frustrating for us, for the judges, the defense attorneys, and for the people whom we call as witnesses. But, when we know that a case is not going to be heard due to an overcrowded docket or lack of time, we don’t issue subpoenas to avoid inconveniencing people who would be required to take time away from their work. We don’t want to unnecessarily take law enforcement officers away from their duties for the same reason,” Mellor stated.

Judge Richard Burgess notified Sheriff Bellendir on Monday, Sept. 17, that Dittrick’s case was dismissed due to a miscommunication, and that it was not the fault of County Attorney Mellor or her office, Mellor said.

Charges were re-filed against Dittrick on the same day. His bond is set at $100,000 in this case, in addition to the $20,000 in his aggravated domestic battery case.

Dittrick and co-defendant Oliver Guyton Jr., are both currently facing charges of aggravated arson, arising from an incident in the Barton County jail, which occurred back in mid-August.

“(After) reading the sheriff’s press release last week, I felt that a response was needed in order to clear the air and help everyone understand that we are working as hard as possible to file and keep cases w track,” she said.

Mellor said the Barton County Attorney’s Office has filed over 400 criminal cases this year; many of them have already been closed with pleas taken and sentences issued. 

“At this moment we also have an active trial docket, with 21 jury trials currently set to be heard in the next couple of months,” Mellor said. Her office must also deal with traffic and juvenile case loads, the criminal docket and cases that are currently being appealed by defendants who have been convicted and sentenced.

“That’s a lot for four attorneys and a staff of nine support persons,” Mellor said. “Most counties with the case load that Barton County has employs five or six attorneys, and several additional support staff. But, we’re working as hard as possible with the resources we have to continue with the administration of justice.”