Commonwealth v. R.W.

Surveillance video in a corner store showed two men enter the location, go into a backroom with the complainant and run out of the store a minute later. A complainant was found in the store suffering a gunshot wound to the chest. Police developed suspects as a result of the video and RW was arrested, along with a co-defendant, who was also allegedly shot during the investigation. Police discovered a large amount of drugs in the back room where the shooting occurred and alleged that RW and the co-defendant engaged in a “robbery gone wrong” resulting in the shooting. Police allegedly recovered matching clothing from RW’s house, and several police officers identified RW in the surveillance video. At a preliminary hearing, the defense argued that the Commonwealth could establish nothing beyond RW’s “mere presence” at a location a crime was committed. A judge agreed and dismissed the case. RW, who was being held on a million dollar bail, was released from custody.