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picture source: CBSlocal.com

Prosecutors appealed a district court judge’s decision to dismiss felony charges against Jayru Campbell, and today attorneys in the case appeared in Wayne County Circuit Court to make their arguments.

Prosecutors want charges of unarmed robbery, assault with intent to do great bodily harm and unauthorized use of a computer device reinstated, saying 36th District Court Judge Ruth Carter misinterpreted the law and a rule of evidence.

“The judge misinterpreted the robbery not armed statute by failing to recognize that it doesn’t necessarily have to be a permanent depriving of property,” Assistant Wayne County Prosecutor Jon Wojtala said today.

He said Campbell took the victim’s phone, started looking through her text messages and she tried to get the phone back several times.

“Judge Carter clearly reviewed the entire matter that was presented at the preliminary examination.” Edison said.

He said she listened to testimony, reviewed the video and came to conclusion there wasn’t sufficient evidence on the charge.

The incident happened the same day Campbell was released from the Wayne County Jail where he had served time for assaulting a school security guard.

Campbell is behind bars for violating his probation in that case. Edison said his client is “doing as best as could be expected” and wants to move forward with his career and education.

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