The defense attorney for a Hillsboro man facing charges in connection with an attempted kidnapping outside Subway Restaurant in July has requested that the charges against his client be dropped.

Defense attorney Blake Hankey of Fargo asked East Central District Court Judge Reid A. Brady in court proceedings Jan. 11 to dismiss the case against Mark W. Weibye of Hillsboro.

Weibye was arrested after Traill County authorities received a 911 call from a woman who said a man with a gun had approached her outside Subway at 22 6th St. N.E. Shortly after 7 a.m. on Sunday, July 24.

The woman told investigators she had been cleaning windows at the restaurant when the man, later identified as Weibye, pulled a handgun from his coat and attempted to pull her toward his Ford pickup.

The victim ran away and called 911 and authorities took Weibye into custody a short time later.

Sheriff Steve Hunt said previously that Weibye had been under a doctor’s care prior to his arrest.

During a court hearing in the case in October, Hankey requested that Weibye undergo a mental health evaluation at the North Dakota State Hospital in Jamestown to determine whether his client was capable to stand trial in the case.

Hankey told a WDAY-TV reporter that Weibye has no recollection of the events that took place July 24 and that his physical condition had deteriorated to the point where his client requires a wheelchair.

Hankey asked Brady to dismiss the court case and allow his client to enter nursing home care.

Brady did not make a ruling on the request Jan. 11 and Traill County State’s Attorney Charlie Stock requested a continuance in the case before his office takes a position on the defense attorney’s request.

Weibye’s next court appearance has been scheduled at 10:30 a.m., Wednesday, March 15.