NORFOLK, Va. – After key witnesses failed to testify in ahigh-profile murder case in Norfolk, prosecutors are pleading for more people with information to come forward.
A memorial for Sierra Jenkins, 25, Devon Harris, 25, and Marquel Andrews, 24, still sits outside Chicho’s on Granby Street several months after they were caught in the crossfire. Two others were hurt in that same shooting on March 19.
Eyewitnesses in the crime have been hard to come by. And after two of the three witnesses under subpoena failed to testify in court Tuesday, prosecutors dropped the charges against the man they say was the killer.
Norfolk Commonwealth’s Attorney Ramin Fatehi said without those key witnesses who were there the morning of the shooting, they didn’t have enough evidence to move forward with the case. He called it disappointing for prosecutors and the families.
“They want to see justice done,” he said. “They want to see the right person arrested, and the right person prosecuted. And, to see a case dropped because people aren’t in court, because the evidence isn’t there, is heartbreaking.”
The two no-show witnesses now have to go before a judge on November 30 and explain why they didn’t come forward. Fatehi said they could face fines or even jail time.
“A subpoena is not an invitation; it’s a court-ordered be somewhere,” Fatehi said. “So, for the sake of the three people who’ve died, for the sake of their families, for the sake of the surviving victims and witnesses, we asked that the court order them to appear later this month in court and explain themselves.”
Antoine Legrande, 25, was the man accused of pulling the trigger, but his lawyer and cousin say he wasn’t there that day. He was arrested two months later on May 18.
Legrande’s cousin Montezuma El said he wants to clear the 25-year-old’s name.
“He’s not a murderer,” he said. “It wasn’t something spiteful; it wasn’t vengeful. He wasn’t there. Clearly he was not on Granby Street that night, nowhere near Granby Street.”
Legrande’s lawyer Eric Korslund said he’s innocent.
“I have not seen any evidence that Mr. Legrande is involved in this,” Korslund said.
Fatehi said they are not giving up and will prosecute whoever is responsible. He said the murder case relies heavily on witness testimony and is frustrated with the lack of a witness protection program.
Fatehi said having a program in place might help move the case forward.
“It may not make a difference in this case,” said Fatehi. “It may not have made a difference in this case, but it’s unconscionable that we don’t have that tool, and that we don’t have something to offer as prosecutors to people who want to do the right thing.”
Prosecutors said if they get more eyewitnesses to come forward, they can refile the same charges against Legrande.
“I wish the Commonwealth the best of luck on finding the perpetrator because they are still out there,” said El, Legrande’s cousin.