EVANSVILLE — Prosecutors dismissed a domestic battery charge against Evansville weatherman and television reporter Joe Bird due to a lack of evidence.
City police arrested Bird on Sept. 27 after a dispute between the WEHT-Eyewitness News meteorologist and another man, identified in court records as 26-year-old Jarrod Martin, reportedly turned violent. But on Wednesday, the Vanderburgh County Prosecutor’s Office dropped its case against Bird, according to legal filings.
“In these types of cases, in general, one side’s story is more believable than the other’s,” Chief Deputy Prosecutor Winston Lin said when asked about the dismissal.
He declined to issue further comments, citing the still-ongoing case against Martin.
The dismissal was “without prejudice,” meaning prosecutors could attempt to re-file charges at a later date, though Lin gave no indication the state was considering such a move.
Approached for comment Monday, Boonville-based attorney Mark Phillips, who represented Bird in the case, said he would need to discuss any public statements with his client.
Bird, 40, has served as a meteorologist with the Evansville-area’s ABC affiliate for years and has been a fixture in local broadcast news since he joined the outlet in 2013. In addition to weather and news reporting duties, Bird has lead the eponymous cooking segment “Joe’s Kitchen” and a weekly restaurant review series, dubbed “Tasty Tuesday,” according to his Eyewitness News bio.
The case against Martin now includes additional charges filed Oct. 3 after police accused him of violating a protective order by attempting to enlist a “third party” into contacting Bird. A judge had barred Martin from communicating with Bird as a condition of his bond.
For that alleged violation, Martin faces two counts of invasion of privacy, a Class A misdemeanor.
Records pertaining to the protective order and the men’s arrests describe both Martin’s and Bird’s account of what transpired the evening of Sept. 27 and the circumstances under which officers took them into custody.
Just before 8 p.m., Martin dialed 911 from Bird’s home to report “a domestic violence in progress,” according to sworn affidavits filed by the Evansville Police Department.
When officers arrived on scene, they separated Bird and Martin for questioning. Both men appeared to have sustained minor injuries, such as scratches, police said. The home’s living room bore signs of an altercation.
According to the EPD affidavits, Bird said he tried to diffuse an earlier verbal argument by separating himself from Martin but that Martin responded by hurling a “glass item” against the wall. During the ensuing altercation, Bird said Martin “began shoving him in an effort to get his phone away from him,” the affidavits state.
Bird also detailed what happened that night in a petition for a protective order against Martin, which identifies Bird as a “victim.” Bird’s account in the application largely tracks with what he reportedly told police and portrays Martin as the aggressor.
The petition states that during the Sept. 27 altercation, Martin threw an Amazon Alexa smart speaker at Bird, hitting him, and that Martin resorted to force, including a “chokehold,” to try and obtain Bird’s cell phone.
In Martin’s account to officers, as it is described in his arrest affidavit, he told officers he and Bird had been drinking and claimed an argument broke out “about their dog barking.”
“Martin stated that he did not know who initiated it. However, the fight turned physical,” the affidavit states. “Martin stated that they both were shoving each other.”
Officers transported both men to the Vanderburgh County jail on preliminary domestic battery charges.
Bird quickly secured his release after posting bail, while Martin remained in custody until Oct. 6, court records state.
While Lin declined to speak specifically about the decision to dismiss Bird’s case, he indicated prosecutors ultimately found Bird’s account of what happened to be more believable than Martin’s.
Martin has pleaded not guilty. While the court appointed the Vanderburgh County Public Defender’s Office to represent him, Martin indicated last week he was working to secure private counsel, docket entries state.
A hearing to discuss Martin’s legal representation is scheduled for Nov. 12.
This article originally appeared on Evansville Courier & Press: Prosecutors drop domestic battery case against Evansville weatherman
Reporting by Houston Harwood, Evansville Courier & Press / Evansville Courier & Press
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