NEWPORT NEWS, Va. (WAVY) - A man convicted of capital murder in Newport news more than two decades ago had his slate wiped clean Wednesday.
Macie Pridgen with the Virginia Beach Commonwealth Attorney's Office said CA Harvey Bryant went before a Newport News Circuit Court judge around 3:30 p.m. to have charges against David W. Boyce dropped.
42-year-old Boyce was convicted in 1991 of capital murder and robbery charges for the stabbing death of Timothy Kurt Askew in a hotel room they shared. Boyce spent 23 years in prison for the conviction.
In March, a U.S. District Judge reversed the conviction and gave the Commonwealth 120 days to either retry Boyce or set him free. He was scheduled to be retried on the charges in October, but Bryant reviewed the case as a special prosecutor and determined there is not sufficient evidence.
"After a thorough review of the evidence, the Virginia Beach Commonwealth’s Attorney’s Office determined that there is insufficient admissible, credible evidence to convict the defendant beyond a reasonable doubt at this time," Pridgen told WAVY.com Wednesday afternoon.
Pridgen said in court Wednesday, the Commonwealth made a motion to nolle prosequi the case, meaning the charges can always be brought back if sufficient evidence becomes available.
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