Commonwealth v. M.W.

Police responded to 17th and Pulaski Streets for a radio call of shots fired. Upon arrival they observed a victim suffering from multiple gunshot wounds who succumbed to his injuries on scene. A witness claimed to have observed two males running from the scene with guns and M.W. was identified as one of them. Video surveillance from the area depicted M.W. in the area before and after the shooting, which was not captured on camera. Cell phone tower records also placed M.W near the scene of the shooting. After a preliminary hearing, the defense successfully argued that the Commonwealth had failed to establish a prima facie case that M.W. was involved in the homicide and a judge agreed. The case was then dismissed for lack of evidence.