Dec 20, 2017 2 min read

WAYNESBURG – All charges against a West Virginia man accused of raping a woman at gunpoint inside a Waynesburg residence in September have been dropped after his accuser refused to testify at his preliminary hearing when cellphone records showed he was not in Greene County at the time of the alleged incident.

District Judge Jesse Cramer dismissed charges of attempted homicide, aggravated assault, rape and robbery against Craig Allen Martisko, 44, of Morgantown, after the woman said she could not testify at Wednesday’s hearing.

The woman had accused Martisko of raping her while holding a handgun to her head Sept. 5 while threatening to kill her at the Race Street residence, according to court documents. She also claimed he stole her purse and $300.

Martisko’s public defender, Kimberly Furmanek, said phone records produced during the investigation showed Martisko’s cellphone was located outside the county at the time of the allegation.

“They were, in his opinion, completely fabricated and I think the police investigation showed that,” Furmanek said.

When asked by Cramer whether she would be willing to testify, the woman shook her head and whispered, “no.”

Waynesburg police Officer Zackery Howard said she had cooperated with investigators, giving multiple statements to police and the district attorney’s office. He said she declined to testify because of her “mental health stability.”

Now, the woman could face charges. Howard said it would be up to Greene County District Attorney Marjorie Fox to review the case and decide whether to file charges. Fox declined to comment.

The Observer-Reporter does not identify accusers of sexual assault, but she would be identified if charged.

Martisko was returned to Greene County jail, where he is being held on a domestic relations violation. Furmanek expects a temporary protection from abuse order filed by the woman against Martisko will also be dismissed.