A federal judge Thursday dismissed a charge of armed bank robbery filed against the suspect in this summer’s robbery at a CornerBank branch in Winfield, prosecutors have confirmed.
Judge Monti L. Belot dismissed the charge against Vilayphone "Joe" Phimmala without prejudice, which means the charge could be refiled at anytime. The prosecution is waiting on DNA evidence that may or may not incriminate the suspect, according to a motion to dismiss filed with the federal court in Wichita.
Prosecutors asked for the dismissal after learning that analysis of DNA evidence would not be concluded by Oct. 20, the day Phimmala’s case was set for trial. A spokesperson for the U.S. Attorney’s Office in Wichita said DNA labs are backed up across the country which has made waiting for results common.
Phimmala is suspected of entering the CornerBank South Branch location on Main on July 3, brandishing a weapon and demanding money. A search ensued and the suspect was arrested hours later at the home of a friend in Winfield.
Phimmala was originally charged in Cowley County district court but a federal indictment was handed down by a grand jury on July 22. The local charges were subsequently dropped.
Phimmala had been in the custody of the U.S. Marshal’s Service and will be, or has been, released.
