FORT WAYNE, Ind. (AP) - Prosecutors dropped a murder charge against a Fort Wayne man Monday, one day before his trial was set to begin and after the death of a key witness in March.
Charles Benson, 25, was to be tried beginning Tuesday for the fatal September shooting of 26-year-old John D. Holman. Benson also faced a weapons charge and one of being a habitual offender.
“At this point we just don’t have enough to proceed,” Allen County’s Prosecuting Attorney Karen Richards told a news conference. “There wasn’t enough there to prosecute him. I don’t have a choice.”
“It’s very frustrating, it’s devastating,” Deputy Prosecutor Steven Godfrey said.
The key factor in dropping the charges was the death of witness Dreyden Troyer. He was found dead in March along railroad tracks after being struck by a train. The Allen County Coroner’s Office ruled Troyer’s death an accident.
“At this point there is nothing to the contrary. The coroner and the police investigation both indicate that it was accidental,” Richards said.
“There is no statute of limitations on murder cases,” Richards said. “In the future, if we would get additional evidence to the point where we could gain a conviction, we can always refile charges.”
A surveillance camera captured the shooting, including the sounds of the dozens of shots being fired. However, Richard said the footage doesn’t show any physical features of the assailants.
“They just look like a black figure. You can’t discern race, sex, age, facial features,” She said. “They have a hoodie on. It’s a video from the back, so that video doesn’t tell us anything.”
Court documents have suggested the motive behind the killing was retaliation over stolen drugs and money. Holman was shot while inside a van on a neighborhood street southwest of the city’s downtown.
Benson has been released from custody. A telephone message seeking comment was left for his attorney.
Another man, Marcus Lindsey, pleaded guilty to a charge of assisting a criminal in connection with the shooting and was sentenced to four years in prison.
Please read our comment policy before commenting.