{Charleston , West
Virginia }…Kanawha County Prosecutor Mark Plants has dismissed
a first-degree murder charge against 34 year old David Kinney, without
prejudice. Jeremy Parsons of Poca was fatally shot as he was driving on Virginia Street two
years ago. Plants says Kinney and Parsons had "bad blood" between
them, and police believe the murder was sparked by jealousy over a girlfriend. Prosecutors
hoped to show a jury a video taken by a security camera that shows cars driving
on Virginia Street
just prior to the shooting. They believe one was Kinney's and one was Parsons'.
They also wanted a jury to hear about 10 mm shell casings found at the murder
scene and planned to have a gun expert testify about the unique marks made on
them, but Kanawha Circuit Judge Carrie Webster ruled those shell casings
couldn't be introduced because of an error at the State Police Crime Lab, where
the casings were erroneously filed under the victim's name, not Kinney's. She
also recently ordered that the gun expert and the video could not be used in a
trial.