Topeka ? Problems locating a man who claimed he was mistreated by a Topeka police officer forced prosecutors to drop the case, for now.

Police Sgt. Stephen Thompson, 35, was to have gone on trial Tuesday on misdemeanor charges of battery and mistreatment of a confined person. Thompson, a 12-year police veteran, was indicted last year by a Shawnee County grand jury.

But authorities said they have been unable to locate William James Bell, 31, the alleged victim in the April 2006 incident at the Shawnee County Jail.

District Judge Franklin Theis rejected a request by prosecutors Monday to postpone the trial, instead dismissing the case with prejudice – meaning the charges against the officer could be filed again if Bell were to surface. The statute of limitations for the charges is five years.

Bell was booked in the county jail last April 2 on misdemeanor counts of disobeying a lawful police order, disorderly conduct and interference with a city officer.

Later that day, a jail security camera videotaped Thompson placing his hand on Bell’s back and indicating with his other hand that Bell was supposed to move away from the area where he was standing.

Bell, who was handcuffed during the exchange, appeared to resist, at which time Thompson wrestled him to the floor and held him there until other officers arrived.

Thompson later was placed on restricted duty after interim Police Chief Steve Harsha said an investigation concluded the sergeant violated department policies during the struggle with Bell.

In court Monday, an investigator for the district attorney’s office testified he had been unable to find Bell to serve a subpoena ordering him to appear for Thompson’s trial. He said the search extended from Topeka to Lawrence and to several jails, homeless shelters and state and federal prisons.