The husband of a missing woman is asking a judge to throw out an unrelated gun theft charge, KSHB Channel 41 reports.
Shon Pernice's defense attorney requested Thursday that charges be dropped against his client unless the judge will enforce an order allowing defense attorneys to have a supervised visit of the crime scene, 41 reports. Pernice's defense attorney claims the owners of the home won't cooperate.
The judge is expected to rule on the motions on January 21.
Court records allege that Pernice stole the gun from his neighbor,
Juana Mendez, on January 31, 2009. The night before, Pernice and his children
were visiting Mendez. She left Pernice alone in her basement for
several minutes, and later discovered a basement door "had been
tampered with" when she went to set the home's alarm. Mendez's husband,
Julian, returned home from work at 3 a.m. January 31 and found the
alarm sensor on the basement door had been disabled. He also noticed that a
.22 caliber Walther semi-automatic pistol was missing. The Mendezes
filed a police report.
On the morning of February 1, Shon
Pernice allegedly knocked the Mendezes family's front door and returned the pistol to Juana Mendez. Mendez
called the police.
Last July, Pernice denied stealing a gun from his neighbor and entered a not guilty plea.
Pernice's trial on the gun theft charge is scheduled for January 25.
Shon Pernice is the husband of Renee Pernice, who disappeared in
January 2009. Her disappearance has been dubbed "a
death investigation."
No charges have been filed against Shon Pernice in his wife's disappearance.
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