Waco – Prosecutors are tight-lipped about the evidence elicited in testimony at the trial of a convicted murderer that led to the dismissal of a capital murder charge against a co-defendant.Kevin Hardaway is the second defendant to be freed of charges stemming from the March 28, 2011 ambush that left two dead and two other men wounded following a dispute over the death of another alleged gang member a year earlier.
The District Attorney dismissed charges against Tyrece Edward Richards in November, 2011.
Rickey Cummings received a death penalty for his part in the killings in an emotional jury trial held in 19th District Court in October. Albert Love is scheduled to stand trial in Georgetown later this year on a change of venue order, followed by the trial of D'Arvis Cummings.
According to a statement released today by McLennan County Criminal District Attorney Abel Reyna, “Testimony in the Rickey Cummings trial led the District Attorney’s Office to reexamine evidence relating to Mr. Hardaway. After thoroughly investigating the testimony from the Cummings trial and additional information provided by attorney, Sandy Gately, the District Attorney’s Office is dismissing the charges in the interest of justice.”
Ms. Gately was unavailable for comment, according to her office staff. According to a statement by Mr. Reyna, “This dismissal is not intended to be, nor should it be read as, an exoneration of Mr. Hardaway. It is, instead, an acknowledgement that insufficient evidence exists at this time to prosecute Mr. Hardaway. As a result, we believe that justice demands that his charge be dismissed at this time.”
There is no statute of limitations on the crime of murder.
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