Charges dismissed against 2 in marker case - KTIV News 4 Sioux City IA: News, Weather and Sports

Charges dismissed against 2 in marker case

CARROLL, Iowa (AP) -- A Carroll County judge has dismissed attempted burglary charges against two men who painted their faces with permanent black marker.

Judge Christopher Polking dismissed the charges Wednesday against Matthew McNelly and Joey Miller. Polking says there was insufficient evidence to support probable cause that the men committed the crime.

There was no evidence the men entered the apartment, neither man had a weapon, and no one was injured.

The 23-year-old McNelly and 20-year-old Miller were arrested after police responded to a reported burglary at an apartment in Carroll, in western Iowa, on Oct. 23

Police pulled over a car matching the description of the alleged suspects' vehicle. Inside the car, police found McNelly and Miller with black marker scribbled on their faces.

(Copyright 2009 by The Associated Press. All Rights Reserved.)

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