Witness recants story in Railroad Park shooting - ABC 33/40 - Birmingham News, Weather, Sports

Railroad Park shooting: Witness recants story, suspect's attorney files motion to dismiss charges

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Justin Jones, the teenager charged with murder in connection with the fatal shooting at Railroad Park in 2013, is seeking a dismissal of all charges. (abc3340.com) Justin Jones, the teenager charged with murder in connection with the fatal shooting at Railroad Park in 2013, is seeking a dismissal of all charges. (abc3340.com)
Birmingham , AL -

The attorney for the accused Railroad Park shooter says the witness who implicated Justin Jones is recanting his story.

Charles Salvagio filed a motion to dismiss the charges against Jones. Court records show the witness told Jones' grandfather on March 6th that he had not witnessed the shooting and he wanted to come forward with the truth.

Jones, who was 17 at the time of his arrest in 2013, is charged as an adult with Reckless Murder.

15-year-old Jarmaine Walton was shot at Railroad Park on St. Patrick's Day 2013. There were an estimated 800 people at the park at the time of the shooting and only one witness came forward with information that led to the arrest of Jones.

We will have much more on this story on ABC 33/40 News at 10. Watch the newscast live online by clicking here.

To read the full motion to dismiss document, click here.

UPDATE: 

 


Just before noon Thursday, Justin Jones' attorney, Charles Salvagio filed a motion...

"It's a motion to dismiss the case," Salvagio told ABC 33/40. "It's based on the recantation of the only witness, really."

The records state on March 6th, the witness told Jones' grandfather that he had not witnessed the shooting and wanted the truth out.
 
"I don't want to get into that on how it happened but the witness voluntarily disclosed this to one of the relatives of my client, not just one relative, but two relatives," Salvagio said. "I felt like I had an obligation to report that."

He asked the witness if he would testify to that in court. He said yes. Salvagio now believes the evidence isn't sufficient to move forward. In May 2013, we spoke with Justin Jones. He told us he's innocent.

"I feel sorry for the boy's parents - what happened," Jones told ABC 33/40. "I pray everything goes right and they find the killer and everything goes smoothly. I just pray for the boy's killer. I didn't commit the crime."

We asked him if he knew the victim, Jarmaine Walton...

"I didn't know him, never saw him, never heard of him, don't know him," Jones said.

Jones' trial date is set for July 7th.