HUTCHINSON, Kan. — The case against a 48-year-old Hutchinson man arrested for aggravated assault and scheduled for court saw the case dismissed by the state. .

John Moyers is alleged to have threatened 19-year-old Brett Herald with a knife during an altercation in the 700 block of North Main back in September.

Senior Assistant District Attorney Steve Maxwell informed Judge Joe McCarville that the victim in the case was not coming and that they have attempted to locate him, but have not had any success. So Maxwell drop the charges, however reserved the right to refile the case at some point in the future.

Moyers has other convictions including burglary for a case in McPherson County in 2007, and then older convictions for criminal damage to property and violation of a protective order in 1998. He was also convicted of aggravated battery in 1999.