PORTSMOUTH, Va. — Family members search for justice for Joshua Sykes, nearly seven years after his Labor Day shooting death in Portsmouth.
Attorneys on both sides met to finalize a jury trial date for the remaining suspect, Zebulon Weinschel, on Friday morning. Next, a judge has to sign off and approve the date.
Online court records show years of delays leading up to this point. Weinschel is the only remaining suspect in Sykes' murder.
Family members chanted and rallied outside the Portsmouth courthouse on Friday morning.
"It's the little things you just miss about him," said Kenneth Gainey, Sykes' uncle, who was surrounded by relatives holding up signs and posters calling for justice and a trial.
The case dates back to 2017, when police found Sykes shot to death at a home on Wilcox Avenue.
Months after the shooting, officers arrested Zebulon Weinschel and his brother, Alexander Weinschel, in connection with the killing. On Monday, Alexander Weinschel's attorneys successfully argued the prosecution's failure to give their client a speedy trial. They also cited incomplete court paperwork.
"Walked away a free man. My understanding is it can't be retried," said Gainey. "The Commonwealth seemed like they were ill-prepared for justice for Josh."
A spokeswoman for the Portsmouth Commonwealth's Attorney's Office sent 13News Now a statement on Friday acknowledging speedy trial rules. It also said in part: "All office attorneys are required to follow protocol including having command of the standing of cases preceding their assignment, working with defense counsel to ensure orders are endorsed and entered and effective communication with families."
Stephanie Morales has served as Portsmouth Commonwealth's Attorney for nearly a decade.
"We have lost confidence in Mrs. [Stephanie] Morales and her team [...] she has had several incidents where major felony cases have been dismissed. It may continue," said Gainey.
Since last August, a Portsmouth judge dismissed felony charges at least twice over the prosecution's handling of separate cases; one was for alleged child abuse and the other was for a first-degree murder trial.
The statement from the Portsmouth Commonwealth's Attorney's Office on Friday denies allegations of their prosecutors frequently dropping the ball.
"There are clear directives and procedures in place that are aimed at successful prosecution of all cases that our attorneys are required to follow," the office wrote in part.
It has not yet been confirmed when Zebulon Weinschel is expected to go before a jury.
"The prosecutors now assigned to this case will pursue all available remedies under the law," the Commonwealth's Attorney's Office's statement added.
“The Attorney General’s offer to lend support and resources to the Portsmouth CA’s office remains open, so we can support victims and hold violent criminals accountable," a spokeswoman for Virginia Attorney General Jason Miyares wrote in part.