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Magistrate Dismisses Charges Against Two Accused In West Side Shoot-Out; Pair Re-Arrested

Reported: May. 1, 2014 5:03 PM EDT
Updated: May. 1, 2014 11:53 PM EDT

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CHARLESTON, W.Va. (Stefano DiPietrantonio) -Two Detroit men busted for a West Side shooting had to be re-arrested Thursday night after a magistrate dismissed their charges.

Carlo Gray, 22, and Kenneth Gooden, 22, were charged with wanton endangerment after a shootout last Wednesday.

Craig Tolley was caught in the crossfire and was shot in the left arm. Later that night, Tymel McKinney was gunned down on his porch. Charleston officers are looking into whether the two shootings are connected.

But during testimony in court Thursday, Magistrate Tim Halloran dismissed all charges against Gray and Gooden for the first shooting and that had cops and prosecutors scratching their heads. They had no choice, but re-file charges, then meet them at the jail, as they were about to be released, re-arrest them and send both men right back to jail.

Gooden was silent until Eyewitness News confronted him outside of court.

“He's my brother,” he said, when asked how he knew McKinnhey.

Charleston police say Gooden is not Tymel McKinney's brother and they have no idea what he's referring to. The men are not related in any way, but police believe all of the Detroit suspects and recent crimes, may be connected or know one another.

Gooden is back in jail now. Inside, he cooperated with Magistrate Jack Pauley.

"You're Kenneth Gooden?,” asked Pauley.”

Yes, your Honor," Gooden replied.

Pauley re-read Gooden's charges - wanton endangerment with a firearm.

"$25,000 cash bond, you need to sign at the bottom," Pauley said.

Both Gooden and Carlo Gray have $25,000 cash-only bonds.

Gray was re-read his wanton endangerment charges. So why the re-do?

"Our direct examination at the preliminary hearing was cut short, the case was dismissed," Kanawha County Prosecutor Mark Plants, who was nearly speechless, said.
"Which by the way, I've never heard that before. I've been a prosecutor 10 years, and I've never heard of that."

Given the gravity of the crimes both men are accused of, it's stunning Magistrate Halloran would dismiss. Craig Tolley was the innocent bystander shot in the arm during that shooting last month.

Prosecutors said they did not subpoena the victim or witnesses and the fact there was no witness or victim at the hearing, may have something to do with the dismissal.

Eyewitness News reached out to Magistrate Halloran for an explanation, however, we have yet to hear back from him.

So what's next? Preliminary hearings have been re-set for May 9 at 1:30pm. Magistrate Pauley ordered both men, should they make bond, can never have any contact with Tolley, who continues to suffer from his injuries.

Gray replied to Pauley, “I don't even know that man.”

CHARLESTON, W.Va. (Heath Harrison) -- A Kanawha county magistrate judge has dismissed all charges against two Detroit men allegedly involved in a West Side shoot-out which injured an innocent bystander.

Kanawha County prosecutors told Eyewitness News Magistrate Tim Halloran stopped the hearing in the middle of testimony by a Charleston detective in the cases against Carlos Gray and Kenneth Gooden Thursday and dismissed the wanton endangerment charges.

Halloran said he was dismissing the charges because there were no witnesses at the hearing, and the victim was not there as well.

Bystander Craig Tolley was shot in the arm during that shooting last month. Prosecutors said they did not subpoena the victim or witnesses.

Prosecutors told Eyewitness News they strongly disagree with the Halloran's decision, and are working with Charleston police to immediately re-file the charges.

-- Image: MGN Online

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