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CHARGES DISMISSED AFTER WITNESS TESTIMONIES

By Erin France/OF THE COMMERCIAL STAFF
Wednesday, November 18, 2009 8:44 AM CST

First-degree murder charges against a Pine Bluff man were dismissed Tuesday after the state rested its case on the second day of trial.

Frederick Washington was charged in the May 19, 2008, shooting death of Erron Tolbert, 29, whose body was found in a field in the area of 22nd Avenue and Georgia Street after police received an anonymous call reporting a man down.

Despite rejecting the defense’s request for a directed verdict of not guilty, Circuit Judge Berlin Jones said some problems had arisen concerning the case before the court recessed for lunch.

“Those matters have developed to the extent that they have become a problem,” Jones said after the break.

Witness reliability questioned

Chief Deputy Prosecutor Kyle Hunter said certain issues developed that caused the state to question the reliability of a witness.

“We’re dismissing the charges against Mr. Washington,” Hunter told the court.

Prosecuting Attorney Steve Dalrymple said the state would not immediately charge anyone else with Tolbert’s murder.

He said the facts brought to light called into question witness statements — though he refrained from singling out a witness.

“After evaluating that, I made the decision that we weren’t going to go forward on the case,” he said. “I’ve got an ethical obligation.”

Dr. Adam Craig, an associate medical examiner who performed the autopsy on Tolbert, testified earlier Tuesday.

“The cause of death was a gunshot wound to the chest and the manner of death was homicide,” Craig said.

Washington was identified as a suspect a few days after the shooting and was arrested. During an interview, he denied involvement and said he was not there when Tolbert was killed.

Anita Bailey, Tolbert’s mother, said she had mixed feelings about the case being dismissed.

“The good Lord will handle it,” she said. “That’s why I’m not worried and I’m not stressing about any of those people.”

Defense reaction

Washington’s attorney Greg Robinson said he was pleased with the development, although he did not know exactly what led to the dismissal.

“The circumstances are unknown to the defense,” he said.

Dalrymple said it was obvious there were some inconsistencies among witness testimony.

“Almost nobody would admit that they saw anything,” he said, adding that inconsistencies are not unusual during a trial.

“They’re not working off a script,” Dalrymple said.

Randy Carter, 17, at the time of the incident, testified he had attended a barbecue regularly held near the location where Tolbert’s body was found.

After the neighborhood gathering, most of the people went home and Carter said he was wrestling with his cousin, Kaylon Butler, before hearing an angry exchange between Tolbert and Washington.

“Then the gunshot went out,” Carter said. “I was stunned for a minute.”

Carter said he didn’t see anyone shoot Tolbert, but he said he saw Tolbert fall.

He said he then ran to his mother’s house and Butler later came to the same residence.

Testimony differences

Carter said he didn’t call the police or an ambulance for Tolbert, his relative, because he didn’t have a phone.

Butler, who is in federal custody on firearm charges, testified he was at the barbecue the day Tolbert died, but said he did not hear any threats or words exchanged.

He said he had been wrestling with Carter when Tolbert intervened.

Butler said he did not know where Washington and another cousin, Harrye Boston, were when the shooting occurred because he was putting on a second shirt when he heard the gun go off.

“It was unexpected and it happened so quick,” Butler said. “I could tell he’d been hit because he just dropped down.”

Butler said he did not call the police or an ambulance because he heard the sirens and because of its possible impact on his pending case.

Boston, who is on parole on a drug charge, said he came to the barbecue late.

Before the shooting, Boston said he saw Carter and Butler wrestling.

“It was just a little family thing and one thing led to another,” he said. “I was just like, ‘You all chill out’.”

Boston said Tolbert walked up to Butler and asked him to stop.

Boston said he heard one shot from what he described as a small firearm.

“I see Fella (Washington’s nickname) there standing with the gun and my cousin’s on the ground,” he said.

Boston said he, Butler and Carter ran to the same house on 21st Avenue.

Boston told the court during the state’s questioning that he did not call the police.

“I’m on parole,” he said. “I’m not supposed to be around any of that.”

On cross-examination Robinson asked if Boston tried to do anything for Tolbert.

Boston said he was too scared to do anything at the time.

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