DA Drops Murder Charges: Lawyer Says Client Was Wrongfully ID'd

BOSTON, MA — A 21-year-old Dorchester man just got some good news after being accused of murder for the past six weeks. Suffolk County prosecutors withdrew the murder case against Kevin Williams, who was charged last month with the shooting death of a gas station attendant in Dorchester.

Aviva Jeruchim, Williams' attorney, said she was only notified of the decision after the fact.

"I just got notice that they went in and did this without notifying me. There's one word for that and it's cowardice," she said in a brief phone conversation with Patch. Later at a press conference Friday night on the steps of the Dorchester District Courthouse she said the family wanted an apology and for Boston to admit they had the wrong man.

Suffolk District Attorney John Pappas said the decision was based on a review of evidence gathered and analyzed since the night of the homicide and Williams’ arrest.

“We don’t force the evidence to fit the case,” said Pappas, whose office notified the victim’s family and defendant’s attorney of the development. “We follow the facts wherever they lead, and today they led us to this decision."

The investigation into the death of Jose Luis Phinn Williams, 67, who suffered fatal gunshot injuries shortly after 11:30 p.m. on Oct. 6 as he worked a shift at the Fabian Gas Station at 528 Washington St. in Dorchester, is still underway, Pappas said in a release.

Boston police and Suffolk prosecutors agreed the case against Williams, who spent five weeks in jail before they released him on his own recognizance a week ago, warranted more investigation.

“The ethical step was to withdraw the charges prior to the first scheduled court date as that investigation continues," said Pappas in a release.

But Williams' uncle, Michael Curry, who happens to be an attorney and the former president of the NAACP Boston chapter said he reached out to the mayor's office and the police commissioner's office himself right after he realized what happened.

Williams was helping his mother move that October evening when the shooting happened and had just left the home to go to a girlfriend's house down the street when police stopped him and arrested him.

Curry said he told Police Commissioner William Gross this arrest would make the city look bad and that they should look at surveillance video in the area.

Williams' mother has been a staunch supporter of her son since the beginning.

"I'm not going to sit back and defend him if he's guilty, but I know, 100 percent, that he is not guilty," she said. "He wasn't even wearing all black that day," she told reporters.

Officials said a detailed description by a witness (describing a light skinned black man wearing all black and a black and red face mask), followed by a positive id of him as the gunman and corroborating video footage supported probable cause for the initial charges and arrest.

In the weeks that followed, however, the DA said prosecutors had to fight in court to get potentially exculpatory evidence from Williams’ attorney and eventually sent grand jury subpoenas in order to get alibi testimony.

Williams' attorney said that evidence was her client's cell phone and text records, which she said she did not want the police to have in their possession.

On Nov. 9, prosecutors determined that the totality of facts did not require Williams’ pretrial detention, and they filed a motion to release him on his own recognizance. On Friday after analyzing of expedited forensic testing, they concluded that the evidence was not enough to establish guilt or innocence and filed a "nolle prosequi" – a legal document withdrawing the charges.

Williams has no criminal record, his attorney said.

Friday night Willams' family and attorney gave a press conference on the steps of Dorchester District Court.

"There is a system that needs to be fixed. I can not sit back and not say anything anymore while we snatch young black men off the streets and put them in a pipeline of prison," said his mother. "I understand that there is violence going on. I understand that police have a duty and a job to do, but it is not by harassing kids in this community."

"There's a bunch of cases like mine and I would still be in there if I didn't have this," said Williams indicating his mother, attorney and uncle.

Police are asking anyone with information on the shooting, no matter how minor it may appear, to share it with Boston Police homicide detectives at 617-343-4700.

Photo by Jenna Fisher/Patch Staff