The man accused of attempting to kidnap a Columbia woman in front of her house will not be retried on a false imprisonment charge, prosecutors said Tuesday.
Patrick McMahon, of Dayton, was charged with false imprisonment, among other charges, after Rukayat Osoba, 21, of Columbia, said he asked her for directions before grabbing her and dragging her toward his car in front of her house on the 6000 block of Lilac Bush Lane in July 2007.
A jury convicted McMahon last week of second-degree assault. Circuit Judge Richard Bernhardt declared a mistrial on the false imprisonment charge because the jury could not reach a unanimous verdict.
Prosecutors said at a hearing Tuesday that they will not pursue a retrial, said Wayne Kirwan, spokesman for the State?s Attorney?s Office.
Assistant State?s Attorney Susan Weinstein declined comment until after the sentencing scheduled for June 13 in Howard Circuit Court.
McMahon faces up to 10 years in prison for the second-degree assault conviction.
“Once you have a conviction for the second-degree assault, having a false imprisonment conviction probably wouldn?t add anything to the outcome,” said McMahon?s attorney, Louis Willemin.
McMahon declined comment Tuesday, saying he will discuss his side of the story when he completes all legal proceedings.
He has maintained his innocence, testifying he only asked for directions.
Osoba testified that she thought McMahon was a lost pizza delivery man, until he got out of his car and grabbed her by the wrists.
Bernhardt acquitted McMahon of a kidnapping charge, because Osoba struggled with him and counteracted any movement toward the car.
A jury found him not guilty of attempted kidnapping after deliberating about five hours.
Osoba could not be reached for comment.
