4 ms·

Yes, but, the case was only dismissed when he had a positive alibi against the charges, when the charges should only happen when there is positive evidence agai

• pmarreck 2y ago
  This is exactly my point.
  • 1659447091 2y ago
    He didn't even have an alibi until later. At first he could not remember where he was that night, his girlfriend had to remind him later. So when he was charged there was an eyewitness describing someone like him, he had no alibi at the time, a previous record, and he had strong motive having attended a hearing in which the victim had just testified against his brother in a gang murder that the brother is serving time for as an accomplice. That is more than enough for reasonable suspicion or probable cause. Then during the discovery period his now remembered alibi checked out and he was released. That is due process working.
    • ktallett 2y ago
      An eyewitness report describing someone like him, not him, was the only evidence placing him at the scene. That should never be enough evidence to charge. That isn't due process, that is finding someone to fit the crime whether they may have done it or not. There is far too much needing to prosecute, than only prosecuting when certain.
      • 1659447091 2y ago
        I said like him because it turned out to not be him but the eye witness identified it as him. That plus motive and him not having an alibi is probable cause where one is charged. Any more than that is what a trial is for but he was cleared with his alibi checking out before it ever got that far.