HUTCHINSON, Kan. — After the victim failed to show for hearing in a case where a 35-year-old inmate at the Hutchinson Correctional Facility is charged with battery of a law enforcement officer, Judge Tim Chambers Tuesday dismissed the case without prejudice.
That means the state will be free to refile the charges against Terrence Kelly, who is serving time for a murder conviction out of Johnson County in 1994 and battery of a correction’s officer conviction in Reno County in 1996.
Kelly was charged with battery of a correction’s officer for an alleged incident occurring on Nov. 13, 2013, at the local prison.
Deputy District Attorney Tom Stanton told us that the victim is no longer employed at the prison and apparently forgot about the hearing. Stanton says he’ll most likely refile the case at some point. But for now, the case is dismissed.