THE VIRGINIAN-PILOT
Copyright (c) 1996, Landmark Communications, Inc.
DATE: Wednesday, April 24, 1996 TAG: 9604240401
SECTION: LOCAL PAGE: B1 EDITION: FINAL
SOURCE: BY ANGELITA PLEMMER
DATELINE: PORTSMOUTH LENGTH: Medium: 64 lines
On Tuesday, Shawnta Ward, 20, walked out of jail a free man, having twice avoided trial for brutal murders that happened in very public places - the Downtown Tunnel and a restaurant during business hours.
For the second time in 10 months, murder charges against Ward fell apart because of witness problems.
Prosecutors on Tuesday withdrew murder charges against Ward in the Nov. 17 slaying of Michael McCormick, shot by a masked, hooded gunman who entered TJ's Restaurant in the 600 block of Lincoln Street and opened fire with an assault rifle. McCormick was shot as he sat playing dominoes with four other patrons at a table.
Prosecutors decided not to pursue murder and firearms charges against Ward after the key witness admitted that he could not identify Ward as the shooter.
Ward had been charged after the witness came forward and said he recognized Ward as the gunman, who removed his mask outside the restaurant after the killing.
An earlier murder charge against Ward was dismissed after witnesses could not identify Ward as the gunman in a shooting in a tunnel jammed with evening rush-hour traffic.
Last April 24, dozens of drivers watched as 22-year-old Efrem D. Garner was shot in the chest and fell halfway out of a 1992 Lexus, halting traffic in the Downtown Tunnel.
Police arrested Ward and charged him with murder.
During the shooting, 11 video cameras captured images of two suspects, who jumped from the car and ran toward Portsmouth. But the quality of the video was poor, the murder weapon was never found and witnesses could not identify Ward as the gunman. A General District Court judge dismissed capital murder, armed robbery and abduction charges against Ward in June.
The shooting at TJ's occurred five months later. For the second time, police arrested Ward and charged him with murder.
David Dayton, the assistant commonwealth's attorney who unsuccessfully prosecuted Ward in both murder cases, said problems with witnesses weakened both cases.
``Obviously, we're very concerned any time this happens in a case, but we have an obligation to seek justice rather than seek convictions,'' Dayton said. ``The witness had made statements to others and made statements to me (in the case this week) . . . that caused grave doubts about his credibility.''
For months, Portsmouth's judicial system has been plagued by problems with reluctant witnesses and witness intimidation, creating what come critics have called a ``revolving door syndrome'' that has bogged down state courts. A joint state and federal task force was formed last summer to combat violent crime in the city.
Officials did not indicate that there were problems with witness intimidation in either murder case in which Ward was charged.
Meanwhile, Ward, once jailed on a $1 million bond, is back on the streets. In all, he has faced at least 21 criminal charges.
KEYWORDS: MURDER ARREST SHOOTING by CNB