A felony robbery charge was dropped Friday against a Williamsburg man accused of taking two cell phones and jewelry from his wife.
Santos Gonzales-Linares, 30, was convicted of petty larceny and domestic assault and battery for the incident.
There was not enough substantial evidence to charge Gonzales-Linares with robbery, Williamsburg-James City County Assistant Commonwealth’s Attorney Archana McLoughlin said.
“When I spoke to the victim earlier in the week in preparing for the case, the way she described it was not as a robbery,” McLoughlin said. “In the report and investigation, it appeared we had probable cause for robbery, but when the victim flushed it out, it wasn’t as close of a match.”
Gonzales-Linares was arrested Sept. 4 after his wife, who is separated from him and living with her boyfriend, told Williamsburg Police officers who responded to the 100 block of Merrimac Trail that Gonzales-Linares showed up at the residence and asked her to reconcile their relationship.
An argument ensued, and he eventually went into the bedroom and and stole the phones, authorities said. When the wife confronted him about the phones, Gonzales-Linares pushed her and then grabbed a piece of copper tubing, authorities said. The wife picked up a wooden stick and defended herself, police said.
Gonzales-Linares then grabbed a pearl necklace off her neck and left the residence, according to police. The wife received minor scrapes and bruising.
He was sentenced Friday to two years in prison with all the time suspended for the two charges, McLaughlin said.
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