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Charges Dropped Against Man Accused In Gun Shop Burglary

3 Juveniles Charged In Don's Guns Burglary

POSTED: 8:08 am EDT August 5, 2008
UPDATED: 1:38 pm EDT August 5, 2008

Charges were dropped Tuesday against the adult who, along with three juveniles, was charged in a burglary at an Indianapolis gun shop.

The Marion County Prosecutor's Office said that it had charges against Nicholas Martin (pictured), 20, dismissed in light of new evidence in the case that supports Martin's contention that he wasn't involved.


Images: Gun Store Break-In

Three juveniles, 14-year-old twin brothers and a 15-year-old boy, are also charged in the July 25 burglary at Don's Guns and Galleries, in the 3800 block of Lafayette Road.

In a jailhouse interview last week, Martin adamantly said that he wasn't involved in the heist. Martin had been charged with burglary, theft and carrying a handgun without a license.

Police had said a stolen car was used to break through the side of the gun shop and that a fingerprint linked Martin to the scene.

In an interview last week, Martin insisted that his print was there from the day before, when he had gone to the shop with his sister.

"I went with her for assistance. That's it. She bought her gun, purchased it. We left," Martin said. "I admitted to being there and I turned myself in. What person in their right state of mind would [expletive] do that if they're dirty?"

The gun store staff told police that glass cases are cleaned nightly, but surveillance footage appeared to back up Martin's claim.

"Video showed he did … go into the store the day prior… The video does show him putting his hands on the counter," said David Wyser, Marion County prosecutors' chief trial deputy. "There is video of the employees cleaning the counter, but the particular area where these prints were located, we believe that area was overlooked."

Martin was expected to be released from jail later Tuesday.

"He is just ready to go home, ready to be with his family," said Janet Mallett, Martin's attorney. "We were praying for Mr. Martin. I'm not only his attorney, but my husband being the pastor of an outreach ministry, represented him free of charge because we believed in him. We're more than happy that we were vindicated today."

The video showed three people committing the burglary. Investigators said they think at least one person waited in a getaway car and that more arrests could be made.

The juveniles were expected to be formally charged later Tuesday.


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