ELKINS — The case against a Randolph County man accused of allegedly breaking into a woman’s house and assaulting her with a can of soda has been dismissed in Randolph County Magistrate Court.

Nathaniel James Wilson, 31, of Beverly, was charged with burglary, a felony. The case against Wilson was dismissed by Magistrate Benjamin Shepler after the alleged victim testified during Wilson’s preliminary hearing this week that Wilson did not break into her home or hit her with a can of Mountain Dew Code Red, in opposition to what she had previously told police.

At the preliminary hearing’s start, Assistant Prosecutor Leckta Poling informed the court that the state had issued a subpoena for the alleged victim; however, it was not served despite multiple attempts.

Poling asked for a continuance of the hearing at a later date due to the alleged victim’s absence at the time; however, Shepler said the hearing could proceed.

Poling called Senior Trooper C.A. Hawkins with the Elkins Detachment of the West Virginia State Police to testify. Hawkins was the responding officer in the case and had prepared the criminal complaint against Wilson.

Hawkins testified that, on June 7, he was dispatched to an “assault no longer in progress” on Dodson Run Road in Beverly. Upon arrival, Hawkins said he spoke to the alleged victim about what occurred before he arrived. Two Randolph County Sheriff’s Office Deputies had already searched the area for Wilson before Hawkins arrived, but were unable to find him, he said.

Hawkins stated that he witnessed damage to the alleged victim’s door that was consistent with the door having been kicked in, “like (the alleged victim) had indicated.” The alleged victim also told Hawkins that Wilson had hit her over the head with a can of Mountain Dew Code Red.

“Within the residence, I observed a fluid spray on the floor of the residence,” Hawkins told the court. “The fluid spray looked consistent with Code Red Mountain Dew, and further there was a busted and empty can of the Mountain Dew on the couch of the residence.”

When asked by Poling as to the relationship between the alleged victim and Wilson, Hawkins said he was told by the alleged victim that Wilson was her “ex.” Hawkins also explained that the alleged victim had mentioned that “there was some paperwork that had been in place” in regard to a protective order against Wilson, but she also advised Hawkins that she believed the paperwork had “just expired.”

Poling asked if Wilson could have been invited into the residence, to which Hawkins replied it was not brought to his attention if Wilson was invited. Hawkins said the alleged victim told him she “had a knot on her head,” but Hawkins said that “due to her hair” he did not see anything that required medical treatment.

Hawkins also told the court that the alleged victim indicated that her door’s frame had been damaged “from an unrelated incident” that caused it not to latch properly. Hawkins was unable to locate Wilson during his investigation and stated there were no witnesses to the incident “that he was aware of.”

During cross-examination, Wilson’s attorney, Paul Gwaltney, asked if the alleged victim was covered in Mountain Dew from the can being smashed against her head, to which Hawkins replied he could tell there was some in her hair as “it was damp.” Gwaltney then questioned if the alleged victim’s shirt was wet from the Mountain Dew. Hawkins said he “did not recall.”

When Gwaltney asked if Hawkins couldn’t tell if the damage to the door was from June 7 or from the previous incident that the alleged victim mentioned, Hawkins stated that the alleged victim pointed to a section of the door with dents and said it was from Wilson.

In a follow-up question, Poling asked how Wilson had entered the residence, to which Hawkins replied that the alleged victim stated Wilson “kicked in the door.” Hawkins reiterated that he was not made aware by the alleged victim if Wilson was invited inside or not.

Poling also asked if the alleged victim had indicated she wanted to press charges. Hawkins said he recalled her stating she wanted to press charges when they first spoke, and he believed she reiterated that sentiment in a follow-up interview.

Gwaltney then brought o the court’s attention that the alleged victim may have arrived at the Magistrate Court. The alleged victim was brought into the courtroom and sworn in to testify as a witness for the state.

Poling asked the alleged victim if there was ever a time when she and Wilson were not allowed to have contact, to which the alleged victim said no. Poling then questioned if the alleged victim was aware that Wilson was not allowed to have contact with her as a condition for bond in a domestic battery charge Wilson had from February involving the alleged victim. The alleged victim stated she was “never told of any of it.”

As Poling began questioning the alleged victim about what happened on June 7, the alleged victim suddenly said she wanted to drop the charges against Wilson. Poling said that this was a preliminary hearing and that they needed to ask these questions.

When Poling asked if Wilson had kicked in the door to enter the residence, the alleged victim said he did not, but admitted she recalled telling Hawkins that Wilson had kicked the door, explaining she was “really emotional” that day.

The alleged victim explained that she had been on the phone when Wilson came in with some food. She and Wilson got into an argument and Wilson threw the Mountain Dew, which “hit the wall and spattered all over” the alleged victim. The alleged victim said she was “upset” and clarified that the contents of the can hit her, not the can itself.

The alleged victim said she recalled telling Hawkins she had a knot on her head, but told the court it was from “chasing down an Akita (dog)” a couple days prior to June 7.

During cross-examination, Gwaltney asked the alleged victim if Wilson physically hurt her, to which she said no. He also asked if she was in fear for her life, to which she replied no.

In closing remarks, Poling said that, because of the alleged victim’s testimony, which differed from what was previously reported, there was no probable cause against Wilson.

“So if you find the victim’s testimony to be credible today, there’s a problem with the evidence in this case,” Poling told the court.

Gwaltney refrained from giving closing remarks. Shepler then dismissed the case against Wilson.