A criminal sexual conduct charge against the man accused of murdering Adrie Dembowske was dropped earlier this month during a hearing to determine whether enough evidence existed to send it to trial.
Isaiah Gary Gardenhire, 40, was out on bond on a case stemming from Mason County when he allegedly went on a two-day spree of violent crimes including Dembowske’s stabbing in early June in a house next to Jamestown Apartments. Gardenhire is also accused of breaking into a nearby apartment, where he held the tenants hostage and raping one of them.
In the Mason County case, he was charged with second-degree criminal sexual conduct with a victim younger than 13 and a suspect older than 17, a 15-year felony.
The charge was dropped after the prosecutor failed to establish probable cause that Gardenhire had committed the crime, according to a report in the Ludington Daily News. Gardenhire’s attorney asked the judge to dismiss the case after the prosecution’s key witness couldn’t recollect key details, the Daily News reported, and the judge agreed.
“I, together with my office, place absolutely no blame on the victim at all. I think this prelim is a prime example of the high expectations we place on victims and survivors to remember and recall on the stand precise details of traumatic events,” Mason County Prosecutor Lauren Kreinbrink told the paper. “The alleged assault happened approximately five years ago when the victim was very young.
“These additional facts may or may not serve as an explanation for her inability to recollect precisely what happened.”
Gardenhire was ordered to undergo a psychological evaluation in June by Judge Sara Spencer-Noggle, following his arraignment on 12 felony charges, a hearing during which Gardenhire loudly yawned and repeatedly gave the court the middle finger via the camera set up for it.
Spencer-Noggle had his audio and video inputs cut so that he could hear and see what was happening but could not contribute. She had to adjourn his hearing after he stood and walked out of the room.
Seven of the charges filed against him carry potential life sentences, before her following what police describe as a two-day spree of violent crimes.
Those seven charges with possible life sentences include open murder, four counts of first-degree criminal sexual conduct, one count of armed robbery and one count of carjacking.
He was also charged with one count of first-degree home invasion, a 20-year felony; two counts of unlawful imprisonment, a 15-year felony; and two counts of assault with a dangerous weapon, a four-year felony.
The case is currently on hold pending the results of his psychological evaluation. A review of the case is scheduled for Thursday to determine whether the court has received the report from it.
