A judge on Tuesday threw out homicide charges against two men accused of a homicide in Pittsburgh five years ago.
Jamil Malik Lee, 25, of Upper St. Clair and Jahli Woods, 24, of McKees Rocks, were charged with criminal homicide and conspiracy stemming from the April 9, 2021, shooting death of Kenneth Hairston, 18, of Pittsburgh.
Officers found Hairston with a gunshot wound to the head about 1:30 p.m. that day following a ShotSpotter alert in the 2700 block of Stafford Street in Pittsburgh’s Sheraden neighborhood.
Wendy Williams, who represented Woods, said the case against her client was initially thrown out at the preliminary hearing for a lack of evidence, but the district attorney’s office refiled charges several months later.
Once the case got to Allegheny County Common Pleas Court, Williams filed a motion seeking to have the case dismissed, asserting the prosecution again failed to present sufficient evidence to obtain a guilty verdict.
“It was very loose, circumstantial evidence,” Williams said.
Casey White, who by then was retained to represent Lee, joined in that motion.
Following argument last month, Judge Elliot Howsie on Tuesday dismissed the case.
“This was justice a long time coming,” Williams said. “The DA’s office completely overreached when they refiled.”
A message left with the Allegheny County District Attorney’s Office was not immediately returned Thursday afternoon.
White said his client is grateful for the outcome.
“He was steadfast and strong through these four-plus years asserting his innocence,” White said.
Both men, who have been held since their arrest, remain in custody on other cases.
Lee has a pending aggravated assault case from February 2021 scheduled for trial later this month before Howsie.
Wood is serving 15 to 30 years in state prison on other convictions including aggravated assault and firearms charges.