CONWAY - The prosecution dropped felony charges Wednesday against the former superintendent of the Guy-Perkins School District because of what the dismissal order called “insufficient evidence.”
David Foy Westenhover, 49, was arrested and charged in January with at least one charge involving stolen guns. He was also charged with theft by receiving, a felony; aiding consummation of offense, a felony; and hindering apprehension or prosecution, a misdemeanor.
Judge Michael Maggio, ruling in Faulkner County Circuit Court, agreed to dismiss the charges during a hearing Wednesday. The order cited “insufficient evidence to proceed” with the case.
“A complete review of the facts in this case leads me to the conclusion that the evidence possessed by the state is insufficient to meet our burden of proof necessary to convict,” Prosecuting Attorney Cody Hiland said in a statement.
Hiland has previously said firearms were the stolen property that Westenhover had in his possession.
Westenhover’s attorney, Jack Lassiter, said his client “absolutely” maintains his innocence.
The school district placed Westenhover on paid administrative leave after the charges were filed, Lassiter said. Westenhover resigned effective at the end of the past school term.
Westenhover’s son, Joshua David Westenhover, 24, remains charged with felony theft by receiving.
Asked about the son’s case, Hiland said, “This decision will have zero impact” on that case.
Arkansas, Pages 10 on 04/25/2013