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Man Won't Be Retried In 1995 Mercer County Slaying

Reported by: Send eMail Associated Press
Reported: Jul. 3, 2014 12:11 PM EDT
Eyewitness News Photo
Eyewitness News Photo

Charleston , Kanawha County , West Virginia

Mercer County prosecutor Scott Ash said he won't retry a man whose conviction in a 1995 slaying was overturned.

Ash told The Charleston Gazette that a murder charge against David Lee Hurt will be dismissed because there's not enough evidence to go to trial.

Ash said the charge could be brought again if new evidence is discovered.

Hurt was convicted of first-degree murder in July 1998. He was accused of acting as a lookout when Freddie Lester was fatally shot during a robbery at a Rich Oil gas station in Bluefield.

Last month, the West Virginia Supreme Court upheld a 2011 ruling by Circuit Court Judge Joseph Pomponio Jr. that overturned Hurt's conviction. Pomponio ruled that Hurt's counsel was ineffective and a witness was unreliable.

Copyright 2014 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.



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