CHARLESTON (AP) — Mercer County prosecutor Scott Ash says he won’t retry a man whose conviction in a 1995 slaying was overturned.
Ash tells The Charleston Gazette that a murder charge against David Lee Hurt will be dismissed because there’s not enough evidence to go to trial.
Ash says the charge could be brought again if new evidence is discovered.
Hurt was convicted of first-degree murder in July 1998. He was accused of acting as a lookout when Freddie Lester was fatally shot during a robbery at a Rich Oil gas station in Bluefield.
Last month, the West Virginia Supreme Court upheld a 2011 ruling by Circuit Court Judge Joseph Pomponio Jr. that overturned Hurt’s conviction. Pomponio ruled that Hurt’s counsel was ineffective and a witness was unreliable.