Charges dropped in methamphetamine case

Victim refuses to testify in Craig man's trial


— The District Attorney's Office has dismissed charges against a Craig man accused of entering a Steamboat Springs mobile home and stealing 10 grams of methamphetamine.

The charges were dismissed because the victim in the case refused to testify during the man's trial.

During a hearing Friday, Assistant District Attorney Kerry St. James told District Judge Michael O'Hara that it would have been difficult to prosecute the case without the victim.

David Johnston, 31, was accused of entering the victim's home and using a gun to steal the drugs.

Johnston was arrested in February, along with four other Craig residents. They were accused of entering the mobile home to purchase methamphetamine from the home's owner, Thomas Payne. Johnston and 20-year-old Apollo William Clark were the only two people to enter Payne's home, police said.

During an attempted drug exchange, Clark and Johnston allegedly offered the man a .357-caliber Magnum revolver for the 10 grams of meth, which Payne refused. After Payne told the men he wouldn't take the gun, Clark and Johnston allegedly threatened Payne, struck another man in the head with the gun, took the drugs and left.

The men were arrested in Hayden after officers stopped the car as the men were driving back to Craig.

Payne was arrested on drug possession and other charges in connection with the incident. Payne's trial is scheduled to begin in January.

Johnston has been in Routt County Jail since he was arrested in February.

Clark pleaded guilty to felony menacing and robbery and was sentenced to three years in prison in August.

- To reach Alexis DeLaCruz, call 871-4234 or e-mail


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