NORFOLK, Va. — Prosecutors withdrew the charges against Antoine Legrande Jr. on Tuesday and he walked out of the courthouse a free man.
Legrande was arrested after a Downtown Norfolk shooting that left three people dead and two hurt in March.
Virginian-Pilot reporter Sierra Jenkins, semi-pro football player Malik Harris, and Marquel Andrews were shot outside of Chicho's Backstage on Granby Street.
Commonwealth’s Attorney Ramin Fatehi called the withdrawal frustrating after two of the three witnesses did not show up in court to testify.
"This was a big scene. There was a lot of people out that night. Logically, there has to be somebody that knows something who has not come forward," he told 13News Now reporters Tuesday afternoon.
Prosecutors sent someone to serve the subpoena in person, but could not find the witness at home.
Fatehi lamented the lack of witness protection resources in Virginia.
"It may not have made a difference in this case, but it's unconscionable that we don't have that tool," he said.
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So, what does that mean for the case now?
"It’s effectively a probable cause hearing and the threshold is pretty low. What that means is the Commonwealth can’t go forward with the charges that, at least right now, they’re not pending," said local attorney and legal analyst Ed Booth.
He said that doesn’t mean the Commonwealth’s Attorney can’t try again.
"The door is not shut. This is not a situation where the case has been tried and a defense verdict has been rendered," said Booth.
Booth said this does not prohibit the Commonwealth from seeking a direct indictment if they have the evidence to pursue the charge.
"In fact, that typically happens in a situation like this."
For now, Legrande is a free man. His attorney Eric Korslund told 13News Now the 25-year-old wants to spend time with his daughter.
"This is what we hoped for. He's very happy about it and his family is, too," said Korslund following the hearing. "In fact, he had a daughter while he was in custody, so I think the first thing he wants to do is be reunited with his daughter."
Booth said if the Commonwealth gets a new indictment, Legrande could be taken into custody again.
"At that point, when you’ve got a charging document, then you can talk about taking someone into custody because they have pending charges."
Korslund told 13News Now Legrande has no comment at this time.
We spoke to Norfolk City Manger Chip Filer briefly after Legrande was released. He said he agrees with Fatahi’s push for a witness protection program in Virginia.
Governor Glenn Youngkin recently announced his administration was seeking funding for witness protection as part of “Operation Bold Blue Line.”
The goal of the whole operation is to curb violent crime in Virginia.