The Joplin Globe, Joplin, MO

Crime & Courts

August 15, 2013

Carl Junction man bound over for trial on assault, burglary, restraint charges

A Carl Junction woman said Thursday that a man she described as a friend attacked her, choked her and told her he would kill her in an altercation at her home.

Marlena Hall testified in Jasper County Associate Circuit Court that she was hospitalized and diagnosed with a broken neck after Richard Duane Dye attacked her June 15 at her home.

Dye, 47, also of Carl Junction, was bound over for trial on assault, burglary and felonious restraint charges after a preliminary hearing Thursday.

Hall said she was asleep on her couch when Dye, without her permission, entered her home. She said he started shouting and cursing at her. She said she told him to leave, and he picked her up, slammed her head on the floor and then choked her until she lost consciousness.

Hall said Dye then went to her garage where his truck was parked, and came back in with latex gloves and a zip tie.

“He came back into the house and said, ‘Now I’m going to kill you,’” she said.

He attempted to put the zip tie over her head and around her neck, she testified, and the two wrestled as she resisted. She said he also hit her several times.

Hall was able to get him to stop, she said, when she told him she would give him another chance. She said she sat down, then could not catch her breath and started throwing up.

She said she called her mother to tell her that she couldn’t breathe, and Dye offered to drive her to the hospital or to her mother’s home.

An ambulance was summoned, and she was taken to a hospital, where X-rays determined she had a broken neck. She said she has had to wear a neck brace and that her larynx was damaged by the choking.

“He was on top of me. I didn’t think I was going to come out alive,” she testified.

Hall did not disagree when Kimberly Fisher, assistant prosecuting attorney, said the two at one time had a “friends with benefits” relationship. Dye had used the garage door opener to get into the house because her son had borrowed Dye’s truck the week before and left the opener in the vehicle.

To questions from Fisher, Hall said Dye entered her home without permission through the garage, and did not “knock on the door and ask to come in.”

She said she continues to be afraid of Dye and that she also has received threatening text messages from members of his family.

“They said they’d dance on my grave,” she said.

In a brief cross-examination, Judd McPherson, Dye’s attorney, asked Hall if she had played softball the week after the incident.

Hall responded that she was in the hospital for a week and had not played softball since the attack.

McPherson said the incident should not be viewed as “random” because Hall and Dye knew each other. He also argued that Dye’s bond should be reduced; Fisher objected.

“He choked her to unconsciousness, and then he tried to choke her with a zip tie,” Fisher said. “I think that requires a substantial bond.”

Associate Circuit Judge Richard Copeland overruled the request for a lower bond. Dye remains in the Jasper County Jail in lieu of $25,000 cash bond and $25,000 surety bond.

Court date

JUDGE RICHARD COPELAND ordered Richard Dye to appear for arraignment Aug. 26 in a trial division of Jasper County Circuit Court.

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