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Gilmer County Circuit Judge Jack Alsop became angry last week after prosecutor Gerald Hough announced he would not present evidence against a Gilmer man.
Scott Lee Hacker had been indicted by a grand jury for allegedly being an insider in the robbery of the Glenville Foodland last year.
Judge Alsop exhibited his displeasure before a panel of Gilmer County jurors who were expecting to hear the case. Hacker had allegedly signed a confession.
"All changes against Hacker have been dropped," according to Gilmer County Circuit Clerk Lane Smith.
Hacker's defense attorney Steven B. Nanners of Buckhannon entered a motion for dismissal.
The judge recessed the court and called the lawyers in chambers.
Afterwards, the judge ordered Hough to repeat what was said in chambers, that the prosecution would rest without presenting any evidence.
The judge continued to indicate his level of his displeasure.
Hacker had been indicted for a conspiracy to commit an offense against the state of West Virginia, related to the robbery of $13,000 from Foodland.
The store was robbed by Travis Tyrone Garvin, 25, and Alvoid Wilson Mays, 38. Both are incarcerated pending sentening for the crime.
Hacker and another Foodland employee, Brittney Randolph, were allegedly inside conspirators to the crime. Randolph reportedly plead guilty to charges through a plea agreement, and is scheduled for sentencing on October 11.
Foodland was robbed during GSCs Homecoming Week in 2004 by the two former WVU football players.
One of the men reportedly entered the store and held two clerks at gunpoint, demanding cash from the register and a safe.
Officers chased the car east on Route 5, where it crashed into a road bank in the Stouts Mill community.
Both Garvin and Mays fled into the woods. K-9 units and officers searched the area until they were found.
Mays also played professional ball for the Redskins, Steelers and other teams.
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