Capital murder charge dismissed against McLennan County man

Monday, January 14, 2013 - 8:42pm

The McLennan County Criminal District Attorney’s Office has today dismissed the Capital Murder charge against Kennedy Hardaway.

Testimony in the Rickey Cummings trial led the District Attorney’s Office to reexamine evidence relating to Mr. Hardaway. After thoroughly investigating the testimony from the Cummings trial and additional information provided by attorney, Sandy Gately, the District Attorney’s Office is dismissing the charges in the interest of justice.

Mr. Hardaway was charged as a result of the shooting at the Lakewood Villas Apartments on March 28, 2011, that took the lives of Keenan Hubert and Tyus Sneed. Ricky Cummings has already received a sentence of death for his part in the murders, and the trials of his co-defendants Albert Love and D’Arvis Cummings are expected to take place within the next year.

This dismissal is not intended to be, nor should it be read as, an exoneration of Mr. Hardaway. It is, instead, an acknowledgement that insufficient evidence exists at this time to prosecute Mr. Hardaway. As a result, the District Attorney's Office believes that justice demands that his charge be dismissed at this time.

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