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Prosecution dismisses cases against father, mother, son charged after stabbing during alleged drug deal

FOX POINT — The prosecution has dismissed the criminal cases filed against a father, mother and son accused in connection with a November 15th stabbing that happened during an alleged drug deal in Fox Point.

Daniel O’Dwyer, 20, faced three felony charges — possession with intent to deliver narcotics, possession with intent — designer drugs (less than three grams) and possession with intent — THC (less than 200 grams).

Patricia O’Dwyer, 63, and Francis O’Dwyer, 69, each faced one count of maintaining a drug trafficking place.

The O’Dwyers in December filed a motion calling into question the evidence used to obtain a search warrant in this case. During a motion hearing, a move by the defense to dismiss the cases was argued. The cases were officially dismissed on January 2nd.

Daniel O’Dwyer, Patricia O’Dwyer, Francis O’Dwyer

According to Fox Point police, the two men, ages 18 and 19, were stabbed near Port Washington and Dean Roads.

The criminal complaint indicates police spoke with one of the victims, who suffered a stab wound to his kidney. He said he went to visit Daniel O’Dwyer, a man he’d purchased marijuana from “approximately 25 times in the past.” He said he intended to steal marijuana from O’Dwyer’s home, as he “no longer had a need to purchase it from him.” He said he went to the home with another individual and they entered Daniel O’Dwyer’s room, where he began weighing out marijuana. The victim said he asked to smell a large bag of marijuana, and O’Dwyer handed it to him. The victim said he then took the bag and tried running from the room.

In the hallway, the victim said he encountered Patricia O’Dwyer — knocking her out of the way and running towards the entrance to the home. The doors were locked, and the victim said he had difficulty exiting. That’s when the victim said he was stabbed by either Daniel or Patricia O’Dwyer.

The man who was at the home with the victim gave a similar recounting of events, adding that Francis O’Dwyer grabbed the victim at the front door of the home and was yelling “drop everything.”

The victim said he and the other man ran to their vehicle and eventually drove to the hospital after ascertaining the extent of their injuries.

A search warrant was executed at the home on Port Washington Road on November 16th. The complaint indicates a “strong odor of burnt marijuana” was emanating from the home, and suspected dried blood was found near the front door. “Numerous drug paraphernalia and packaging materials” were found in Daniel O’Dwyer’s  bedroom, along with medicine bottles containing an unknown liquid, a substance that tested positive for MDMA which was found in an Altoids container, and a bag containing pills, including oxycodone, alprazolam, lorazepam and propranolol — also in the Altoids container. Investigators also found foil packets with blotter paper soaked in an unknown substance, a bag containing unknown seeds, and a small bag containing an unknown white crystal.