State v. Bennett

NORTHCUTT, Judge.

The State appeals the dismissal of grand theft and battery charges against Alexander Bennett after the circuit court determined that Bennett’s due process rights were violated by the failure of law enforcement to preserve evidence. We reverse.

The charges stemmed from a hostile encounter between two groups of acquaintances at a gas station convenience store. According to the criminal report affidavit, Bennett’s friend Ms. Murray approached the victim, Mr. Barron, inside the store and pushed him several times. Barron went outside, where a friend was waiting in Barron’s car.…