Prosecutor Drops Murder Charges After Discovering Defendant In Jail At Time Of Murder

Flint, Michigan prosecutors haved dropped murder charges against a Michigan man after discovering the man was already in jail at the time of the murder for which he was initially charged.

From MLive:

"FLINT, MI --A Flint man charged with killing a man in a party store parking lot had his charges dismissed this week after prosecutors realized he had an ironclad alibi.

He was already in jail at the time of the slaying.

An arrest warrant that had been issued June 2 in last month's slaying of Gregory Hodo was withdrawn Friday, June 6, after it was discovered the suspect, Dontavus D. Allen, has been in the Genesee County Jail since March 14 -- more than two months before the shooting.

Hodo was pronounced dead after police found him in the parking lot of the Shop-n-Go on the 1500 block of West Pierson Road after he had been shot.

Genesee County Prosecutor David Leyton said Flint police came to an assistant prosecutor in his office with information that a witness identified Allen as being involved with the killing. Based upon that identification, Leyton said his office felt they had probable cause to obtain the warrant.

However, Leyton said the officer in charge of the case contacted his office Thursday, June 5, to inform him that Allen was in jail.

[']As soon as we were given the information we did the right thing,['] Leyton said of the dismissal, adding that situations like this are rare.

Genesee Circuit Court records show that Allen was sentenced in April by Genesee Circuit Judge Joseph J. Farah to a year in jail after he violated his probation from a 2013 charge of larceny in a building.

Genesee County Sheriff Robert Pickell confirmed Thursday, June 5, that Allen was still in the county jail and that he has been there since March 14.

Allen faced charges of first-degree murder and gang membership that could have forced him to serve life in prison without parole if convicted.

Flint police Chief James Tolbert could not be reached for comment.

Two other people are still facing charges in connection to Hodo's death.

Flint police announced during a June 2 press conference that brothers Keonte and Marquel Sadler have also been charged in the killing. The brothers both face first-degree murder, gang and gun charges.

The Bureau of Alcohol, Tobacco, Firearms and Explosives is offering up to a $10,000 reward for the arrest and conviction of Keonte Sadler.

Neither Sadler is currently in custody, according to police.

Anyone with information is asked to call Flint police at 810-237-6801 or Crime Stoppers at 1-800-SPEAK-UP."