TULSA, Okla. (AP) -- Prosecutors who were unable to locate key
witnesses in a 1985 murder case have requested the dismissal of
charges against a suspect arrested last month.
Special Judge Clancy Smith dismissed the first-degree murder
charge against Tommy Darrell Freeman, 43, on Tuesday. The case was
dismissed without prejudice, meaning it can be refiled if witnesses
Freeman's arrest came in the sniper slaying 14 years ago of
Montgomery Eugene Boyd outside his home.
Freeman's lawyer, Brian Aspan, said the case should have been
dismissed with prejudice. He maintained records indicate that Tulsa
County officials had the opportunity to prosecute Freeman in 1988
and again in 1995 but failed to follow through.
Freeman was jailed in North Carolina in 1995 on the Tulsa County
murder warrant, but he was never returned to Oklahoma to face the
charges. Prosecutors said they don't know why.
Assistant District Attorney Sharon Ashe said that since
Freeman's arrest last month, investigators had been trying to
locate two important witnesses.
The witnesses did not view the shooting but allegedly heard
statements about it that were attributed to Freeman and have
evidence to support a murder charge, officials said.