A prosecutor who moved to dismiss the case of alleged domestic battery against controversial Nye County Commissioner Leo Blundo said Friday he plans to refile the felony charges later for another chance to secure witnesses.
Esmeralda County District Attorney Robert Glennen III, serving as a special prosecutor in the criminal proceedings, said a judge in Pahrump agreed on Wednesday to sign his motion to dismiss the charges without prejudice, meaning the case could be resubmitted.
Glennen said he would revive the case once witnesses respond to his subpeonas to testify.
“We had troubles subpeoning witnesses,” said Glennen, who is based in Goldfield. “The subpeonas were not secured.”
He formally requested three potential witnesses to answer questions in court, but they did not appear, he said.
Those witnesses included Blundo’s wife Melissa and two Nye County Sheriff’s deputies, he added.
Blundo has yet to be arraigned on the charges, which include felony domestic violence involving the alleged strangulation of his wife, he said.
Nye County District Attorney Chris Arabia, who is legal advisor for the county commission, would have a conflict of interest if he prosecuted Blundo, Glennen said.
Blundo, who has objected to how he has been treated by his political opponents and the news media, said in a statement Friday that he would “have no comment at this time.”
The criminal case started on March 28, when Nye County deputies answered Blundo’s call about the theft of $77,000 and his Glock handgun from his residence. Deputies then heard from Melissa Blundo, who claimed that her husband, enraged about the missing money, put his hands to her throat and held her on the ground.
In June, Blundo ran for the Republican Party nomination in a bid for reelection but lost. His term as a commissioner comes to a close at the end of the year.
Contact Jeff Burbank at jburbank@reviewjournal.com or 702-383-0390. Follow @JeffBurbank2 on Twitter.