Yeah, I will be pretty worried if the judge does not immediately dismiss and chastise the prosecutors office. I can see a number of grounds:
1. Expired warrant.
2. The case has already been disposed of.
In addition I will be curious to see if the department store security guard shows up. If I were the store or the person, I would want to give this a wide berth. You can only irritate some large part of your customer base by participating in this farce.
Nifong has ways of making people show up, don't think for a second he wouldn't stoop that low. ;)