Posted: Thursday, March 7, 2019. 7:33 pm CST.
By Aaron Humes: The office of the Director of Public Prosecutions has discontinued an appeal filed against the acquittal of 40-year-old Elario Frank Elijio, who was set free from a charge of manslaughter against 52-year-old John Myers in February of 2012.
The notice to discontinue was filed last week but Elijio and attorney Leeroy Banner only got the news on Wednesday.
Myers was drinking with another man at Qin Shop on Mahogany Street when he and the man got into an altercation and the man punched him in his face and Myers fell to the ground and hit his head on the cement pavement and died on the spot. Elijio was arrested and charged.
But a key witness changed his testimony at trial and his then-attorney Alifah Elrington successfully submitted to trial judge Troadio Gonzalez that he did not have a case to answer.
The Crown had intended to challenge the legal rulings of Justice Gonzalez, specifically that there was insufficient evidence to establish even a prima facie case against Elijio, and that the court should have allowed the Crown to call an important witness who was traveling into the City from out-district, and so denied them an opportunity to get all their evidence in.
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