Prosecutor seeks to refile after investigation

by Sequim Gazette Staff

A second-degree theft charge against Sequim businessman Anthony Cortani was dismissed Jan. 20 to give police more time to investigate.

Clallam County Deputy Prosecutor John Troberg moved to voluntarily dismiss the charge with the intent to refile after the investigation by the Sequim Police Department is complete.

Clallam County Superior Court Judge George Wood signed an order dismissing the charge.

Cortani, 41, is accused of stealing two flat-screen TVs from Walmart, valued collectively at $1,223, and a handful of tools from The Home Depot.

His attorney David Bendell sought to have the charges dismissed — citing a lack of probable cause in the affidavits submitted by law enforcement after Cortani’s Nov. 26 arrest at the Sequim Costco.

“The only information in the probable cause affidavit dealing with Walmart or Home Depot is a statement purportedly made to officer Dalidenas that the defendant had been ‘shopping at Walmart and Home Depot prior to going to Costco,’” Bendell said in the dismissal motion. “The affidavit contains no facts or information suggesting that Mr. Cortani engaged in any illegal acts with respect to those establishments.”

At the Nov. 20 hearing, Troberg said he consulted Sequim Police investigators and they agreed it would be best to refile charges after the investigation is complete. Security footage and other evidence is being examined in what Troberg called a “very complex” case.

Troberg said he wants to make sure he files the correct charges in the case and he expects to refile in the next few months.