A magistrate yesterday acquitted a woman of witness tampering on a technicality.

Magistrate Samuel McKinney ruled that Bianca Beneby, 21, of Golden Gates, did not threaten or intimidate Rhodricka Pinder when she called and asked her to drop the case.

McKinney also determined that Pinder had not been duly summoned to testify in the case as alleged in the charge.

Pinder was mugged at gunpoint as she put groceries in her vehicle in the parking lot of Lil General's store on East Street South on January 4, 2014.

Beneby, in her testimony, said that she made the call to Pinder as a favor to her cousin, Anthony McKenzie, who is in prison awaiting trial for Pinder's armed robbery.

Beneby said that she called Pinder's job but she wasn't there, so she left a message with her home phone number.

Pinder, in her evidence, said she assumed that one of her former classmates was trying to contact her.

Beneby said when Pinder returned the call, she said, "Hey, B."

She said she told Pinder, "I don't think you know me. I am calling on behalf of my cousin, Anthony Mckenzie, about the armed robbery matter that happened at Lil General."

According to Beneby, Pinder told her she didn't know who robbed her.

Beneby said she asked Pinder if she "was willing to go to the AG's office to sign an affidavit to drop the case".

Beneby said, "She asked me how I got her name and work information, so I told her I got it from my cousin. She asked me how he got her information and I said to her, 'Miss, I honestly don't know'."

According to Pinder, Beneby became belligerent when she told her that she was unsure whether she would withdraw the case.

Sergeant 1406 Philip Davis prosecuted.

Artesia Davis, Guardian Senior Reporter

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