Robbery charges dismissed in attack of DeWitt County woman

YOAKUM - An aggravated robbery charge against a 42-year-old Yoakum man accused of attacking two elderly women was dropped Monday.

"The victims could not identify Mr. (Calvin Lee) Miller in the live line up. In view of that, we chose to dismiss the case," said Michael Sheppard, district attorney for DeWitt County.

Miller was charged with robbing a 66-year-old Yoakum woman in her home in late January.

On Monday, Justice of the Peace Peggy Mayer signed an order dismissing that charge.

"After due consideration of all attendant circumstances of the case, the state believes that prosecution at this time will not serve in the best interest of criminal justice," Sheppard wrote in the motion to dismiss.

Miller is still being held in the Lavaca County Jail on a charge of aggravated sexual assault. He is charged with sexually assaulting a 79-year-old Yoakum woman in her home in late February.

Sheppard said a drug possession charge also remains active against Miller. He was charged with having cocaine in his possession when Yoakum police officers arrested him in March.

"We're grateful," Miller's attorney Bill Caraway said of the dismissal.

Caraway said he hopes to meet with Lavaca County district Attorney Heather Hollub this week when she is in Hallettsville on other court matters.

Sheppard said officers did have evidence - initial identification and scent evidence - to implicate Miller.

Lavaca County had exonerating evidence in its case - the DNA did not match the evidence collected from the victim - but DeWitt County did not, so that raised the need for the line up. The line up was conducted at the Victoria County Sheriff's Office on Friday with the help of Victoria Sheriff T. Michael O'Connor.

The district attorney said if further evidence is developed against Miller or any other suspect, the case could be filed again.

If the charges are dropped in Lavaca County, it means that "clearly they don't have the attacker in custody and that is very distressing and concerning for the Yoakum Police Department and Texas Rangers who are working very hard on the case," Sheppard said.

Yoakum residents should be very careful and keep their doors locked, he added.

The two women lived near each other and were both attacked early in the morning in their homes.

Yoakum straddles DeWitt and Lavaca counties.

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