Capital murder charges against the suspect in the December shooting death of two Birmingham brothers were dismissed on Wednesday.
Jakobie Deontay Smith, 20, has been charged with capital murder in the December 14 murders of brothers Lorenzo Cole, 23, and Cortney Woods, 22.
The shots broke out just before 3 p.m. on Tuesday near the 3800 block of East Lake Boulevard. Officers responded to the Shell station to a report of two people shot dead.
Upon arrival, they found Cole suffering from a gunshot wound to the face and were rushed to UAB Hospital where he was pronounced dead.
Moments later, as officers scoured the area, they found Woods unresponsive in the bushes at North 17th Avenue and Tallapoosa Street, not far from the Shell. Firefighters pronounced him dead at the scene.
Police initially said several suspects in a darkened vehicle opened fire on the white sedan occupied by the brothers. At least 45 casings from a rifle and handgun were marked by crime scene investigators.
Smith has remained in the Jefferson County Jail since his arrest in January.
A preliminary hearing was held Wednesday morning. After hearing testimony, Jefferson County District Judge William Bell ruled that there was “no probable cause to believe that the defendant committed the crime charged.”
“The detective had no way of identifying my client as the shooter,” said attorney Emory, who represents Smith.
Prosecutors can still present the case to a grand jury if they choose to do so.
Birmingham Police said the investigation was ongoing.