This is an archived article that was published on sltrib.com in 2011, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.
Charges against a homeless man for allegedly killing another homeless man last year in Salt Lake City were dismissed Wednesday after prosecutors — for the second time in two months — came to court without crucial witnesses.
Reuben Jones Cesspooch Jr., 52, was charged in 3rd District Court with homicide by assault, a third-degree felony, for shoving 50-year-old Roy Jackson during an argument on Oct. 2.
During the altercation outside the Salt Lake City-County Building, Jackson fell backward onto the pavement, striking the back of his head, resulting in a skull fracture and fatal brain trauma, according to charging documents.
A February preliminary hearing was continued when prosecutors said they needed more time to locate witnesses, most of whom are homeless.
When prosecutors were again unprepared on Wednesday, Judge Judith Atherton dismissed the case.
She said prosecutors could refile the case at some future date.
But defense attorney Ron Yengich told news reporters that to file the case again, prosecutors will have to show "what's different the second time, and they'll have to show they are certain their witnesses would be there."
Yengich told the judge that witnesses to the altercation, which include some defense witnesses, "indicate this is a case of straight self-defense."
Cesspooch had told Jackson to "go away," but when Jackson approached again "in an aggressive manner, he pushed him away," Yengich said. "It was not reckless, there was no criminal intent and he was defending himself against someone who was aggressive."