WATERLOO - A defense attorney has asked the court to throw out a number of weapons charges against her client after the alleged victim in the case claimed ownership of a handgun police found following a domestic dispute.

Maryo Dorjuan Lindsey, 32, of Waterloo, is charged with interference while armed, felon in possession of a firearm, domestic assault, carrying weapons and assault while participating in a felony in connection with the Aug. 19 incident outside his mother's home.

Prosecutor Joel Dalrymple said Lindsey threatened his ex-girlfriend, Schalisa Taylor, with a gun when she came to pick up their 1-year-old child shortly before 11 p.m.

A male friend of Taylor's was in her Ford Expedition, and Lindsey demanded to be let inside the vehicle.

When police showed up, Lindsey ran off, dropping his baseball cap and, about 2 feet away, a 9-mm Glock handgun, Dalrymple said.

But on Monday, as Lindsey's trial started, some who took the stand for the prosecution said they didn't see him with a weapon, and the state appeared to be trying to impeach the testimony of its own witnesses.

Assistant Public Defender Andrea Dryer asked the court to dismiss the charges because the state can't prove them.

First, Taylor's 13-year-old daughter - who was so frightened by the dispute that she left mom behind, jumped behind the wheel of the Expedition with her younger siblings and drove off to tell 911 dispatchers the ex-boyfriend had pulled a gun on them - said she didn't see Lindsey with a firearm.

The daughter said she got scared when she heard her mother say "gun."

Then Taylor, during a hearing outside the presence of the jury to prepare for Tuesday's testimony, told the court the gun police found after the foot chase was hers.

She said she threatened Lindsey with the weapon - not the other way around. When she heard police, she tossed the handgun, she told the court.

Dalrymple pursued her claim, noting she wasn't able to say where she threw the gun because police never told her where they found it.

He also pressed her about where she bought the pistol.

Taylor said she purchased it on the street from someone she didn't remember, and Dalrymple then pointed out the Glock had been reported stolen in 2005 from a Cedar Falls woman who used to date Lindsay. He said such a twist of fate would be a startling coincidence.

"And you're going to proceed with that testimony tomorrow?" Dalrymple asked Taylor.

Also while the jury was out, prosecutors played a recording of a discussion Taylor had with officers half an hour after the dispute. She can be heard saying Lindsey pointed a gun at her head, but she didn't want to pursue charges because it would only make things worse.

Judge George Stigler hasn't ruled on the defense's motion to dismiss the charges. The trial continues today in Black Hawk County District Court.

Contact Jeff Reinitz at (319) 291-1578 or jeff.reinitz@wcfcourier.com.