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WILKES-BARRE — With a missing arresting officer to testify about an alleged sexual assault on the campus of Wilkes University, Luzerne County Judge Joseph F. Sklarosky Jr. continued the trial of Khylen R. Shoffner on Tuesday.
A jury was selected Monday for the trial that was to begin Tuesday with opening statements by Assistant District Attorney Anthony Cardone and Shoffner’s attorney, William L. Stephens Jr., followed by the prosecution’s case-in-chief.
Outside the presence of the jury, Stephens notified Sklarosky that the arresting officer, known as an affiant, was not going to appear to testify. Stephens said he could not go forward as his defense strategy was to challenge the arresting officer, Douglas Wolfe, and the investigation that led to Shoffner’s arrest.
Cardone said Wolfe is no longer employed by the Wilkes University Police Department and his whereabouts are unknown. Cardone said Wolfe did receive a subpoena to appear to testify at Shoffner’s trial.
Sklarosky called the situation “very unusual,” before reluctantly continuing Shoffner’s trial for May. The judge suggested Cardone utilize detectives with the district attorney’s office to find Wolfe, who possibly can be deemed a material witness since he allegedly ignored a court ordered subpoena.
The subpoena was reportedly sent to the Wilkes University Police Department.
Cardone said he last spoke with Wolfe on March 13.
Shoffner, 28, of Tobyhanna, was charged by Wilkes University police on Dec. 7, 2021, when a female student reported he sexually assaulted her inside her dorm room on Dec. 2, 2021. Shoffner was not a student at the university but met the alleged victim’s roommate on a dating website.
The student claimed she was awakened by Shoffner removing her pants and sexually assaulting her, according to the criminal complaint filed by Wolfe.
Shoffner is facing trial on two counts each of aggravated indecent assault, and indecent assault, and one count each of involuntary deviate sexual intercourse, sexual assault, rape, indecent exposure and harassment. He remains free on $50,000 bail.