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Published: Saturday, 2/13/2010

Defendant pays for loss; theft charge dismissed

Charges have been dismissed against a Dearborn, Mich., man who had been accused of swindling an elderly couple out of money after he paid back the total amount taken.

Tony Ross, 32, had been charged with theft from the elderly couple after he allegedly took $1,360 by promising work he didn't complete. The case was dismissed in Lucas County Common Pleas Court because the health of the victims made it difficult for them to appear in court, and other options to obtain their testimony were deemed infeasible.

Toledo police said Mr. Ross was one of four men who approached a then-91-year-old man Aug. 28, 2008, outside his home on West Crawford Avenue and offered to repair cracks in the driveway and sidewalk. They told the man and his wife they owed several thousand dollars for the work.

The man's 86-year-old wife, who told police she felt intimidated, said she gave him $360 cash and a $1,000 check. No other suspects were charged.

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