All charges were dismissed last month against two men who were accused of stealing plywood in a Middletown neighborhood in April.
Court of Common Pleas Judge Rennie Sheldon dismissed the case against 39-year-old New Castle resident Raymond West and 50-year-old Millsboro resident Eric Wasmundski on Sept. 26.
"A necessary witness who had been summoned for the Sept. 26 trial in the Court of Common Pleas did not appear as required," said Jason Miller, a spokesman for the Delaware Attorney General's Office. "The judge dismissed the charges at the defendents' request based upon the fact that the state could not go forward with the case without the presence of that witness."
Both men initially pled not guilty and did not hire an attorney to represent them.
The duo was initially charged with theft, criminal trespass and conspiracy on April 11 after Middletown police received a report of a possible theft in progress on Braemer Street in the Estates of St. Anne's neighborhood about 11:30 p.m.
Responding officers reportedly stopped Wasmundski's 1984 F-150 pick-up truck in the area and arrested the men after finding 35 sheets of plywood in the bed of the truck.
"I had gotten the wood from my neighbor two weeks earlier and we were heading to Millsboro to put up a shed," West said. "We were three miles from the Estates of St. Anne's when we got stopped, but the police officer didn't believe us because we didn't have a receipt."
Wasmundski said he was relieved to be cleared of the charges.
"I'm a 50-year-old family guy and this has created so much trouble in my life," he said. "The police still have the plywood and I had to pay $400 to get my truck back after it was impounded. Are they going to pay me back for that?"
Middletown Police Chief Henry Tobin III did not respond to a request for comment.