The state is not prosecuting a 20-year-old New London man accused of using a stolen handgun during a robbery in November 2013 because a witness who was needed to prove the case is unavailable.

Shaquan Seales' case was headed for jury selection Monday in New London Superior Court, but when he arrived, he learned he would be getting a "nolle." His co-defendant, Yojang Torres, also is not being prosecuted.

According to a police report, the three victims, who knew Seales and Torres, arranged to meet them at the Wendy's restaurant on Colman Street in New London to sell them an iPhone.

An unidentified male approached the passenger side of the victims' car and grabbed the phone from the passenger's hand. The police report said another one of the victims got out of the car to confront Seales, who drew a handgun from his waistband and pointed it at him.

The victims, who are not identified in the police report, followed Seales and Torres while calling 911. Waterford police stopped Seales' car and found a Taurus .357 magnum revolver that had been stolen three months earlier from its owner in Westerly.

Seales was on probation at the time of his arrest for a case that was handled on the confidential youthful offender docket. His attorney, Sebastian DeSantis, said Seales seems to "get it" now.

k.florin@theday.com

Twitter: @KFLORIN