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Charges were dismissed last week for a city man previously arrested for his alleged involvement in an Aug. 12 shooting near Zach's Sports and Spirits.
Court documents state four felony counts and eight total charges were dropped against Clifford M. Baxter, 48, who was originally accused of exchanging gunfire with Fa arah Marke Robinson, 27, of Altoona, during an altercation involving numerous individuals in the parking lot of the restaurant.
According to Baxter's attorney, Robert Donaldson, the charges were dropped after an alleged victim in the incident did not appear for several preliminary hearings that had to be rescheduled.
Donaldson said he motioned during a rescheduled preliminary hearing Oct. 20 for the charges to be dismissed if the victim did not appear at the next scheduled hearing Oct. 27.
The alleged victim did not appear Oct. 27, Donaldson said, and the charges were dismissed by Magisterial District Judge Benjamin F. Jones.
"The victim not showing up essentially precluded the prosecution from presenting its case," Donaldson said.
The charges stem from an altercation Aug. 12 near Zach's Sports and Spirits, 5820 Sixth Ave.
According to the original charges, Baxter was accused of exchanging gunfire with Robinson in the parking lot and then fleeing the scene.
When police arrived, officers discovered five spent .380-caliber shells and one spent 9 mm casing, and witnesses reported seeing several black males fleeing the area on foot in addition to a silver sedan leaving the scene.
One man said he was shot in the shoe, though the bullet did not penetrate his foot, the report said.
The charges alleged Robinson, the victim and another individual met Baxter at the parking lot near Sixth Avenue, and Baxter was accused of exiting the silver sedan and firing rounds from a handgun at Robinson.
Robinson allegedly responded by firing at least one round at the sedan from a 9 mm gun, and Baxter was accused of fleeing the scene in the sedan, police said.
Baxter was recently released from Blair County Prison following dismissal of the charges, Donaldson said. He had been held since his arrest, unable to post $500,000 bail, according to court documents.
Among the charges dropped were felony counts of attempted homicide, aggravated assault with a deadly weapon and several other charges, the court docket stated.
Donaldson said the charges can be refiled if new evidence surfaces.
"If the charges would have to be refiled in the future and I were given the opportunity to represent Mr. Baxter, we would certainly fight those charges," Donaldson said.
While Baxter's charges were dismissed, Robinson awaits a court hearing on felony charges of aggravated assault related to the incident.
In an interview with Altoona police, Robinson allegedly confessed to firing at least one round at the vehicle, though he stated he is unsure what happened to the gun.
Robinson was originally committed to Blair County Prison but has since posted bail of $75,000 through a professional bondsman.
He appeared for formal arraignment Sept. 30 and is awaiting trial in the Blair County Common Pleas Court.
Calls to the district attorney's office for comment were not returned.
Mirror Staff Writer Calem Illig is at 814-946-7535.