The charges against a hotel employee accused of kissing and touching a woman inside an elevator have been dismissed.
Superior Court Associate Judge Wesley M. Bogdan issued the dismissal order last week in the case against Darwin B. Barbo, after assistant attorney general Jonathan Robert Glass moved for the voluntary dismissal of the charges.
The case was dismissed with prejudice, which means the government cannot re-file the case in the future.
The $500 bail that Barbo posted shall be returned to him.
The judge also ordered the immediate return of Barbo’s passport.
The OAG filed two counts of disturbing the peace against Barbo.
According to then-assistant attorney general Betsy Weintraub in the information, Barbo touched the victim in an offensive manner, causing her to push him away. Weintraub said Barbo also followed the victim against her will, causing her to become afraid.
Last September, Barbo’s previous lawyer, then-assistant public defender Jamal Saleh, moved to dismiss the charges. The motion was not heard as Saleh had been missing since last Oct. 3.
In Barbo’s motion to dismiss, Saleh argued that what they are dealing with in this case is innocent flirtation.
The lawyer said the woman rejected the flirtation, and Barbo did not repeat his attempt.
Saleh said the alleged following is nothing more than a courtesy escort out of the Kensington Hotel building.
He said the woman was at the hotel on business and had an appointment to see Barbo.
After the appointment, Saleh said, Barbo walked her to the exit of the hotel and then returned to his office.
He said it goes without saying that, under the circumstances, the statute and the charge do not put Barbo on notice that his actions could lead to criminal prosecution.