While Judge Tim Chambers last Wednesday issued a written opinion on whether a Hutchinson man’s aggravated battery charge should be dismissed. Magistrate Judge Randy McEwen dismissed another case against 26-year-old Oscar Perez for another case of aggravated battery after the victim failed to show for the second time.

In this case, he’s accused of battering Silvero Orona back on May 29. That’s the same night he’s accused of battering David Boshart.

Because Orona again failed to show for the hearing, Magistrate Judge Randy McEwen dismissed the case without prejudice, meaning the state can refile the charges.

In the other case Perez entered a not guilty plea to the charge, but wanted the case dismissed claiming double jeopardy because he enter pleas in municipal court to traffic charges over the same incident. But, Judge Chambers agreed with the state that its not double jeopardy because Municipal Court can’t prosecute felony charges such as aggravated battery. That means that aggravated battery case against Perez will continue to trial.

Perez is the boyfriend of Brigit Hippen who is accused of 2nd degree murder in one case for being reckless with placing a blow dryer near her infant child. The child died as a result of hyperthermia. She still awaits trial in that case, but also has an aggravated battery case for an incident also on May 29.