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PORTSMOUTH — Vicky Dixon was getting her fingerprints taken for a new job when something unexpected happened.
She was told there was a warrant out for her arrest in Portsmouth, a city she hasn’t lived in for 13 years, her attorney said.
Dixon, 56, turned herself in and was charged with misdemeanor trespassing and a felony, accused of extorting money from a man in Portsmouth in January.
If convicted of the felony, she could have faced up to 10 years in prison.
Dixon’s lawyer, Diane Toscano, told a judge Tuesday it was a case of mistaken identity.
General District Judge Douglas Ottinger dismissed the charges because the witness didn’t come to court to testify. He noted, however, that the information Toscano gave in court appeared to favor the defense.
Toscano told the judge her client was charged based solely on a photo lineup that included an image of Dixon taken 14 years ago, when she was 42. A Portsmouth police officer showed black-and-white photographs to the alleged victim’s co-worker from 7-Eleven, and the co-worker selected Dixon’s picture.
“That’s it, judge,” Toscano said.
She said police didn’t investigate further and didn’t get any of Dixon’s cell phone records, even though the alleged victim said the person who tried to extort him had been in touch by phone.
Toscano said she reviewed Dixon’s phone records, and the alleged victim’s name or number didn’t appear anywhere.
Dixon last lived in Portsmouth in 2007. She moved to Florida and then returned to Virginia about two years ago, living roughly 3½ hours away from Hampton Roads.
“This has not been an easy thing for her,” Toscano said.
Since Dixon’s charges have been dismissed, Portsmouth police will review the case to try to find the real offender, and they’ll review the investigation “for thoroughness,” police spokeswoman Victoria Varnedoe wrote in an email Wednesday.
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No one explained during Tuesday’s hearing exactly what Dixon had been accused of. But the law under which she was charged makes it a felony to extort money by either falsely accusing someone of a crime or threatening to injure their character, physically harm them or their property, withhold their government identity documents or report them to immigration authorities.
Prosecutor Michele Burton moved to drop the charges, saying the victim had since moved out of the area. She didn’t ask for a dismissal, though, because she said there hadn’t been enough time before the hearing to review Toscano’s documents.
Toscano asked the judge to go further and dismiss the case “with prejudice,” meaning the case would go away permanently.
The judge’s ruling — a dismissal “without prejudice” — means the charge technically could come back to court. Toscano said she will now try to get Dixon’s record expunged, so the ordeal doesn’t continue to follow her.
After the hearing, Dixon said she felt like she’d been victimized. The accusations have affected her work, her ability to sleep.
“It’s been a nightmare,” Dixon said.
Margaret Matray, 757-222-5216, margaret.matray@pilotonline.com