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ELKO – Charges against a Spring Creek man who was allegedly involved in a stabbing in October have been dismissed without prejudice.

Steven L. Terry, 31, was scheduled to appear Tuesday in Elko Justice Court on two counts of burglary with the use of a deadly weapon, battery with a deadly weapon, and battery with a deadly weapon resulting in substantial bodily harm.

District Attorney Tyler Ingram explained that witnesses in the case were not cooperative and authorities were unable to serve subpoenas on them. They also failed to appear in court after being subpoenaed on an earlier scheduled date.

“Without cooperation from the victims, we cannot prosecute this case,” Ingram said.

Deputies were called to a Merino Drive residence early on the morning of Oct. 21 after receiving a report that a man had been stabbed by Terry. Terry was spotted leaving the residence and followed to Maverik, where he was confronted along with a female passenger who claimed she had been taken against her will.

Deputies determined that the male and female had entered a back room in the residence to discuss their relationship, when Terry allegedly entered and swung a baseball bat at the male. The female put her hand up to stop the bat and was struck, according to a deputy’s report.

Terry reportedly told the deputy that the altercation continued, during which Terry stabbed the male.

The female complained of broken fingers and was taken to the local hospital. The male had what appeared to be a stab wound in his chest and was flown to a Utah hospital, then-Sheriff Jim Pitts said at the time.

Terry was booked on charges of attempted murder, kidnapping, possession of a hypodermic needle and driving while his license was revoked, but those charges were not included in the complaint filed against him.

Department B Justice of the Peace Elias Goicoechea had scheduled a preliminary hearing for Terry on Tuesday afternoon. Goicoechea ordered the charges dismissed Monday at the request of the Elko District Attorney’s Office.

Dismissing the case without prejudice means that charges could be filed again at a later time.

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