EYEWITNESS LOCAL NEWSMURDER CHARGES DROPPED
from Eyewitness News Online
Murder Charges Dropped In 2010 Fourth Of July Drive-by Shooting
Reported by: Leslie Rubin
Web Producer: Leslie Rubin
Reported: Dec. 10, 2012 10:39 PM EST
Updated: Dec. 18, 2012 9:30 AM EST
Charleston , Kanawha County , West Virginia
More than two years after Jeremy Parsons was murdered in his car at a West Side intersection, charges against the only suspect in the case have been dropped.
David Kinney was arrested several months after the July 4, 2010, murder. He has been free on bond for several months.
Kanawha County Prosecutor Mark Plants said the case fell apart after several pieces of evidence were thrown out by Judge Carrie Webster.
Plants says the case can be presented to a grand jury again, in the future, if more evidence would surface, including witnesses to the murder.
Kanawha County prosecutors say the case against the only suspect in a 2010 July 4th murder may be falling apart.
David Kinney was arrested several months after the murder of Jeremy Parsons, and has been the only person charged in connection with his death.
Parsons was shot and killed at the corner of Virginia Street and Park Avenue more than two years ago.
Investigators have previously said Kinney was angry at Parsons over a girl.
The case has been playing out in court since his arrest, and even went all the way to the West Virginia Supreme Court, after Judge Carrie Webster threw out shell casings as evidence that were found at the scene. The high court later ruled that the shell casings could be used at Kinney's trial in Kanawha County Circuit Court.
Prosecutors say Webster has now thrown out more evidence in the case, making it "impossible" to try the case.
They say they will not be allowed to use expert testimony on the shell casings, that could have helped link Kinney to the murder. Webster has also ruled that prosecutors can not use surveillance video captured from a nearby business that showed, what they say, were the suspect's and victim's cars near the scene of the murder, just before the shots were fired.
Kanawha County prosecutor Mark Plants says without that evidence, they may have to move to have the case dismissed.
Plants says if the case is dismissed, they would still be able to re-indict Kinney, if new evidence would show up in the future, or witnesses would come forward.
"The bottom line is, based on the evidence that we have, Kinney was the only defendant that we had evidence showing his guilt. At the end of the day, all decisions are based on how much evidence we have. Without that evidence, this is an impossible case to prove," said Plants.
Kinney has been free on bond for the last several months.
Jeremy Parsons' mother says she is extremely upset with the recent developments in the case, and just wants justice for her son.
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