BIRMINGHAM, Ala. (WIAT) — An attorney for the 18-year-old in jail for a murder at Railroad Park in 2013 filed a motion to dismiss charges Tuesday.
In court documents, Justin Jones’ attorney, Charles Salvagio, says the person believed to be the only witness of the shooting has come forward and recanted his original testimony.
The witness originally testified in court on June 20, 2013, that he was the only person to witness the shooting, although nearly 800 people were at the park.
However, in the motion to dismiss the charge, Salvagio says the witness approached Jones’ grandfather on March 6 and said he had not witnessed the shooting and wanted tell the truth.
He says he did not witness Jones do anything and stated he was sorry Jones was in jail.
Salvagio says the new developments render evidence in the case as insufficient.
Jones is charged with reckless murder and is being held in the Jefferson County Jail without bond.
The motion to dismiss will be heard Tuesday, May 13, 2014 at 9 a.m.
2014 WIAT-TV CBS42