Jan 16, 2017 By Mark Hofmann mhofmann@heraldstandard.Com 2 min read

The state Superior Court has denied the second appeal of a man wanting a retrial on robbery charges after the Fayette County courts determined a retrial was not in order for a second time.

In September, Superior Court Senior Judge Eugene B. Strassburger III ordered that a judge from the Fayette County Court of Common Pleas hold a hearing to determine if David Dwayne Brooks could be retried for robbery or if doing so would amount to double jeopardy.

According to court documents, Brooks, 23, of Uniontown was charged with allegedly robbing an exotic dancer in Uniontown on April 26, 2015.

Brooks was an acquaintance of the woman but concealed his identity when he approached her as she returned home from work. He pointed a handgun to her head and demanded money from her, receiving over $200.

During his trial in 2015, the jury found him guilty of theft, but the jury was deadlocked on the remaining charges of robbery, simple assault and recklessly endangering another person, and a mistrial was declared.

He was sentenced to serve one year of probation for the theft charge.

Brooks’ attorney filed a motion following the mistrial to dismiss charges, arguing that prosecuting him on the remaining charges was barred by double jeopardy.

Double jeopardy forbids a defendant from being tried again on the same or similar charges in the same case following an acquittal or conviction.

In his September opinion, Strassberger wrote that Brooks’ motion for a retrial was denied without a hearing and that Brooks’ record did not contain any findings or conclusions of law regarding Brooks’ motion.

Because of that missing information, Strassburger was unable to determine if Superior Court had jurisdiction over the appeal.

In his opinion filed last week, Strassburger stated that the hearing was held on Oct. 24 where neither Brooks nor the commonwealth presented any evidence with the trial court concluding Brooks’ motion was frivolous and ordering that a retrial be denied.

Strassburger added that the trial court’s order was not an appealable order and quashed Brooks’ appeal.

Brooks is awaiting retrial on charges of robbery, simple assault and recklessly endangering another person.

He’s free on $25,000 bond.