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Judge declares mistrial in Dollar General armed robbery case

in Sirens

By Shereen Siewert

WAUSAU — Prosecutors will be forced to re-try the case of a 45-year-old man accused of robbing a Schofield Dollar General store at gunpoint after a key witness failed to show in court.

Phillip Spiller of Schofield appeared Thursday in Marathon County Circuit Court for the second day of his two-day trial on charges of armed robbery and theft. Police say Spiller entered the Grand Avenue store just before 8 a.m. on Jan. 1, 2017, brandished a firearm and demanded cash from employees.

No one was injured.

Everest Metro police in January released surveillance photos that showed a man wearing a dark jacket entering and leaving the store during the robbery. That suspect was later identified as Spiller, who was arrested March 10. Police said Spiller’s DNA matched a sweatshirt and ski mask allegedly used during the robbery.

Circuit Judge Greg Huber waited nearly four hours for the witness to appear before granting a motion for a mistrial.

The case is one of three pending against Spiller in Marathon County Circuit Court. Spiller had been released in March after posting a $25,000 cash bond, but has been back in custody since September. He is currently being held in the Marathon County Jail.

A timeline for a new trial has not yet been set.

 

 

 

 

 

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