WARSAW — The start of Dustin Edward Owens’ two-day jury trial, who has been charged with two counts of child molesting, a class A felony and a level one felony, was delayed this morning, Dec. 15. The case was ultimately canceled and a bench warrant was issued for his arrest after Owens failed to appear for his own trial.
Thirty minutes after what was to have been the start of jury selection, a brief hearing was held in Kosciusko Superior Court 1 to address the absence of Owens. The prosecution made the request for members of the sheriff’s department go to Owens’ last known address to check on his welfare and safety. His last known address was 10402 S. SR 15, Silver Lake.
Jay Rigdon, attorney for Owens, stated his office had spoken with Owens late yesterday and confirmed Owens knew about his trial and received assurance he would be in attendance. “I am surprised he is not present,” stated Rigdon noting he did not want to make witnesses and jury members wait. Rigdon asked for a continuance until it was known why Owens was absent. Rigdon welcomed the safety check of his client.
Superior Court Judge David Cates denied the continuance and sent officers to conduct the safety check, and if he was found safe, to bring him immediately to court.
After approximately an hour, police noted Owens could not be located. The judge then vacated the trial and issued a bench warrant.