Starke County Prosecuting Attorney Nick Bourff has moved to dismiss the charges against John Clemons due to a lack of evidence. Clemons was previously charged with Theft as a Class D felony after he was arrested on Sept. 10 for attempting to steal various scrap metal items from a residence in Knox.
Clemons was arrested when police found a pickup truck pulling out of the backyard of a home on Lake Street. When the truck was pulled over, Clemons approached the officer and informed him that he was told several months ago that he could come and take junk lawnmower parts from the property, but admitted that he was not told at what address he could find the items, but only knew that he could find them at an abandoned home by the railroad tracks.
Robert Wisilinski, the victim and only witness in the case, was later arrested on Dec. 30, 2011, after police received calls about a many carrying a gun. When police stopped him, he told them that it was only a BB gun before he was taken to the Starke County Jail, where jailers found a prohibited Chinese throwing star in his possession. His home was soon searched, where a BB gun resembling a pistol and other throwing stars were found. He was booked on charges of Intimidation and two counts of Possession of Chinese throwing stars.
Wisilinski told police that he had never given anyone permission to enter his property, nor to take any scrap metal, and identified the items in the back of the truck as his. Clemons was charged with Theft, but a motion to dismiss those charges has been filed.