Prosecution files for dismissal in Miles’ case

Oct. 10, 2013 @ 07:22 PM

Prosecutors on Thursday filed for dismissal of a murder charge against Juan Antwon Miles.

Miles, a 34-year-old free on bond, is accused in the shooting death of 19-year-old Jamario Neal on Sept. 24, 2010, at the East Andrews Avenue Variety Tobacco Mart parking lot.

Allison Capps, the assistant district attorney prosecuting for the state, made the request to Superior Court Judge Robert Hobgood during status hearings on current murder cases in Vance County. Hobgood indicated the dismissal was proper, but he would like to make sure any attorneys involved with several unrelated cases against Miles are aware of the pending action before an official ruling on dismissal is pronounced.

Capps told the court pending unrelated cases against Miles do not include charges by the state, but involve threats, contempt and child support complaints by individuals.

The state made its request in response to two witnesses being unavailable and the ability of physical evidence to provide a conclusive basis for proving facts beyond reasonable doubt.

In the filing, Capps identified two witnesses by first initial and last name. One is believed to have moved back to Yemen; the other is wanted by Henderson police and federal marshals in another case of robbery and kidnapping.

Capps wrote even if captured, credibility would be in question.

In the dismissal document, Capps also wrote, “One of the detectives responsible for investigating the case has since been terminated by the HPD and prosecuted for larceny.” The reference is to 2010 and former Sgt. Kendall Riddick of the Henderson Police Department.

In the dismissal document, Capps left open the possibility of the case being reopened and new charges filed against Miles pending new evidence.

 

Contact the writer at mfisher@hendersondispatch.com.