MURDER CHARGES DROPPED, REFILED.Byline: KAREN MAESHIRO Staff Writer LANCASTER -- On the day a trial was to begin for two ex-convicts accused of killing a man in his Lancaster home, the charges against them were dismissed because prosecutors couldn't find witnesses and still needed more investigation to start trial. But ex-convicts Dwayne Harris and Kyle McCombs were not released from jail because the charges were immediately refiled -- though the court process must begin over. ``We weren't ready due to an inability to locate witnesses. We are also waiting for additional investigation to be completed,'' Deputy District Attorney Robert Sherwood said. Harris, 25, and McCombs, 28, are accused in the January 2005 slaying of 22-year-old Eddie Ray Wheston, who was shot to death in the kitchen of the home he shared with his mother in the 800 block of West Avenue H-14. Trial was scheduled to begin Tuesday in a downtown Los Angeles Downtown Los Angeles is the central business district of Los Angeles, California, located close to the geographic center of the metropolitan area. The sprawling, multi-centered megacity is such that its downtown core is often considered just another district like Hollywood or Superior Court, and the defendants were not willing to waive To intentionally or voluntarily relinquish a known right or engage in conduct warranting an inference that a right has been surrendered. For example, an individual is said to waive the right to bring a tort action when he or she renounces the remedy provided by law for such their constitutional rights to have a speedy trial The Sixth Amendment to the U.S. Constitution guarantees all persons accused of criminal wrongdoing the right to a speedy trial. Although this right is derived from the federal Constitution, it has been made applicable to state criminal proceedings through the U.S. . After the judge granted a defense motion to dismiss the case, charges were refiled and the defendants were scheduled to be arraigned Tuesday. The Jan. 28 shooting occurred after Wheston, Harris and McCombs, all three believed to be gang members, argued at Wheston's home, sheriff's deputies said. At some point, the three walked into the kitchen where investigators believe McCombs and Harris began shooting at Wheston. The two assailants fled through a rear kitchen door and sped off in a silver SUV that was later found in San Bernardino San Bernardino, city, United States San Bernardino (săn bûr'nədē`nō), city (1990 pop. 164,164), seat of San Bernardino co., S Calif., at the foot of the San Bernardino Mts.; inc. 1854. County. Six days after Wheston's death, McCombs was arrested in Pasadena on suspicion of burglary and possession of a handgun in an unrelated case, officials said. The murder charge was later filed against him. Harris was arrested in October 2005 in Philadelphia by the FBI after homicide homicide (hŏm`əsīd), in law, the taking of human life. Homicides that are neither justifiable nor excusable are considered crimes. A criminal homicide committed with malice is known as murder, otherwise it is called manslaughter. detectives obtained information that he was hiding there. McCombs had been convicted at age 18 of vehicle theft and later of assault with a deadly weapon Assault with a Deadly Weapon is the term used to describe the act of threatening to harm one or more people by using a weapon (usually a firearm). Here, assault must be differentiated from battery as they are often confused. Assault is threatening to use force. . He was released from state prison six months before Wheston's death. Harris was on parole parole (pərōl`), in criminal law, release from prison of a convict before the expiration of his term on condition that his activities be restricted and that he report regularly to an officer. from prison when Wheston was killed and had stopped reporting to his parole officer, detectives said. Investigators said he has a conviction record for violent crimes. karen.maeshiro(at)dailynews.com (661) 267-5744 |
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