CHARLESTON, W.Va. -- In light of a recent decision to absolve one man of accusations that he killed another man on the West Side in 2010, Kanawha County Prosecuting Attorney Mark Plants said Tuesday that he hopes more witnesses would come forward.
Plants recently filed a motion asking Kanawha County Circuit Judge Carrie Webster to dismiss David Washington Kinney's murder charges. Kinney, 33, was accused of shooting and killing Jeremy Parsons on Virginia Street West in 2010.
Webster granted the motion without prejudice, meaning Kinney could still be charged with the crime if new evidence emerges.
The prosecutor said this week that after the judge refused to allow experts to testify about bullet casings that could have connected Kinney to the crime, and refused to allow security video that allegedly placed him at the scene, he had no choice but to ask the judge to dismiss the case.
"Without those two pieces of evidence, I have no chance of prosecuting this case," he said. "As of now, there's absolutely nothing I can do."
Plants, however, said that there might still be witnesses who would be willing to come forward and implicate Kinney. The witnesses that investigators have talked with so far have been uncooperative, Plants said.
If new evidence surfaces, Plants said he could again present the case to a grand jury.
Kinney's lawyer, Tim DiPiero, said that Kinney has maintained his innocence from the beginning and DiPiero derided prosecutors for telling media outlets that they still believed he was guilty of the crime.
"[Dismissing the case] was the right thing to do, as the state never had evidence to convict him," DiPiero said in a news release. "However, some of the comments coming from their office have been disappointing and prompt our response."
In March, after State Police lab technicians spent months searching for mislabeled shell casings linked to the case, Webster agreed that the prosecutor's office committed "gross negligence" and refused to allow the state to submit the casings as evidence.