Published: September 14, 2007 07:40 pm      

Battery charges dropped

Facing possible prison time, Royal Center man leaves hearing a free man.

By KEVIN LILLY

Pharos-Tribune staff writer

A man facing multiple felony battery charges had his charges dismissed during a court hearing this week.

The Cass County prosecutor’s office dropped the four charges it had filed against 41-year-old Scott Eugene Jacks. The state had charged Jacks with battery resulting in serious bodily injury, battery resulting in bodily injury, cruelty to an animal and invasion of privacy.

Because the victim and primary witness in the case, Danell D. Davis, refused to testify, the prosecution decided to dismiss the charges.

“The recommendation of the victim combined with what the evidence would have been at trial along with consideration of inconsistencies that would have been presented lead me to the decision to dismiss the charges,” Chief Deputy Prosecutor Lisa Swaim said in an interview after the hearing. “The victims were fully supportive of that decision.”

Jacks was arrested the night of Feb. 26 after Cass County Sheriff’s Department responded to a disturbance at his rural Royal Center residence.

According to the police report, Jacks had knocked Davis, his girlfriend, unconscious. Blood was trickling from her temple when police arrived. She had reportedly hit her head on a stair step and had reportedly been kicked in the ribs while on the ground.

Jacks also was accused of punching Davis’ 17-year-old daughter in the head, according to the report. Jacks also reportedly choked his dog and threw it against a wall.

Davis had to be taken to the hospital for treatment. Jacks was locked in a bedroom when police arrived. He had to be talked out. Jacks was intoxicated at the time of the incident, according to the police report.

A judge issued a no-contact order, and Jacks was accused of violating that order two days later, resulting in a charge of invasion of privacy.

Swaim said Davis recently contacted her to let the prosecution know that she no longer wanted to pursue charges. Swaim said she had put a lot of hours into the case and that the attorneys had been close to making plea deal. Without the victim’s testimony, she said, she had no case to present.

“You’re done,” defense attorney Jay Hirschauer told his client. “You can take off.”

Circuit Court Judge Leo Burns lifted the no-contact order, and the couple left the courtroom together.

Kevin Lilly can be reached at (574) 732-5117, or via e-mail at kevin.lilly@pharostribune.com