Posted on 09/20/2011 5:19:35 AM PDT by marktwain
CHARLESTON, W.Va.-- Murder charges have been dropped against a Logan County man arrested last month for killing his alleged robber, though county prosecutors appear to be keeping their options open for future litigation.
In a motion filed Monday in Logan Magistrate Court, county prosecutor John Bennett and Chapmanville attorney Mark Hobbs requested the state of West Virginia dismiss charges against Jesus Canul.
Bennett requested the dismissal because "some aspects of the investigation have not been completed," according to court documents.
Magistrate Dwight Williamson approved the motion, including a note: "prosecutor to consider indictment."
Bennett was not available for comment Monday afternoon. Calls and messages left for Hobbs and Dwayne Adkins, Canul's court-appointed attorney, were not immediately returned.
Canul, 26, was released on $40,000 property or 10 percent cash bond earlier this month. He was set to appear in Logan Magistrate Court at 9:30 a.m. Wednesday for a preliminary hearing.
Prosecutors charged Canul with first-degree murder after he shot and killed David Abbott, 37, at the Logan Walmart on Aug. 22.
Police say Abbott watched Canul cash his paycheck inside the store and followed him outside, where put a "sharp object" to Canul's neck and took his wallet.
Logan Police Chief E.K. Harper said Abbott held keys, not a knife, to Canul's throat.
Canul, who has a concealed weapons permit, shot Abbott in the back as he was trying to flee back into the store, according to police. An autopsy found a lone bullet entered Abbot's upper left back and lodged in the left side of his chest.
Lowlife had a “come to Jesus” moment.
Charleston, WV not SC.
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