A domestic violence charge against a man accused of burning a woman with a lighter has been dismissed.
The Bonneville County Prosecutor's Office filed a motion to dismiss the charge of felony domestic violence against Brandon Tanner Kegler on Nov. 20. The motion was accepted on Dec. 9.
According to court records, Kegler attempted to give the victim a “smiley,” a mark resembling a smiley face when a heated lighter is pressed against the skin.
The victim told Idaho Falls Police Department officers she repeatedly told Kegler to stop. Her neighbors reported hearing the victim screaming. When they knocked to ask what was happening, Kegler answered and said everything was fine. Kegler admitted to burning the victim, telling police she had asked him to do it.
The victim said she and Kegler had lived in other states, but that they would move when charges were filed against him for domestic violence. Police found a warrant for Kegler's arrest for a felony assault charge in Wisconsin. The status of the Wisconsin case could not be determined Monday.
According to court records, the no-contact order issued between Kegler and the victim was labeled "undeliverable." Two subpoenas were issued to the victim to testify in court against Kegler.
According to Bonneville County Chief Deputy Prosecutor John Dewey, the victim failed to appear twice for Kegler's preliminary hearing.
"We felt like we couldn't go forward without the victim," Dewey said.
Dewey added that the charge could be refiled if the victim came forward to testify.