Charges against Reginald Collins for murder, weapons offenses, and habitual offender status have been dismissed. Richard Street was found shot dead in December 2014, and a witness originally said Collins was the shooter. However, new analysis of cell phone records and cell tower data showed it was unlikely Collins could have traveled from South Bend, Indiana to the crime scene in the short time frame indicated based on the calls. This new evidence created reasonable doubt, requiring dismissal of the charges against Collins, though without prejudice to refiling them later. Collins may now be extradited to Georgia on an unrelated probation violation warrant.
Charges against Reginald Collins for murder, weapons offenses, and habitual offender status have been dismissed. Richard Street was found shot dead in December 2014, and a witness originally said Collins was the shooter. However, new analysis of cell phone records and cell tower data showed it was unlikely Collins could have traveled from South Bend, Indiana to the crime scene in the short time frame indicated based on the calls. This new evidence created reasonable doubt, requiring dismissal of the charges against Collins, though without prejudice to refiling them later. Collins may now be extradited to Georgia on an unrelated probation violation warrant.
Charges against Reginald Collins for murder, weapons offenses, and habitual offender status have been dismissed. Richard Street was found shot dead in December 2014, and a witness originally said Collins was the shooter. However, new analysis of cell phone records and cell tower data showed it was unlikely Collins could have traveled from South Bend, Indiana to the crime scene in the short time frame indicated based on the calls. This new evidence created reasonable doubt, requiring dismissal of the charges against Collins, though without prejudice to refiling them later. Collins may now be extradited to Georgia on an unrelated probation violation warrant.
Charges of Open Murder, Felon in Possession of a Firearm, Felony Firearm, and Habitual Offender supplemental charges against Reginald Collins are now dismissed. The case originated when Richard Street was found dead in the backyard of 1250 Union Street in the City of Benton Harbor on the morning of December 9, 2014. Street had one gunshot wound to back of the head. Neighbors reported hearing gun shots the previous evening varying anywhere from 8:30 pm to 10:00 pm. A witness, Timothy Lofton, after repeated interviews finally told investigators he was a witness to the homicide and said he saw Reginald Collins shoot Street while Lofton was driving through the alley behind 1250 Union Street. There were some inconsistencies in Lofton's statement, but prosecutors felt his eyewitness account could overcome those issues. Cell telephone records were accumulated from a number of phones including Collins, Street and Lofton for the evening of December 8. That data and graphically integrated maps made it originally appear Collins was in South Bend (by virtue of a cell call) at 7:44 pm, 1 hour and 38 minutes before a cell phone call from Lofton to Street which was within moments of when Lofton says Collins shot Street, being 9:22 pm. Certainly, Collins could travel the 35 miles in that 1 hour and 38 minutes. In preparation for trial scheduled to begin September 20, review of this cell tower data with experts revealed that, though the tower was in the Eastern time zone (South Bend), it is tied to a server in Illinois, being in the Central time zone. This means that Collins would have been in South Bend at 8:44 leaving only 38 minutes to drive 35 miles. While the US 31 By-pass would permit speeds over 70 mph, there is considerable city street driving required at both ends. Test driving revealed little opportunity to complete the travel in the allotted time. With the state of the original evidence with which the prosecution was originally prepared to go to trial, this new analysis of the cell tower data has created doubt such that prosecutors believe a jury could rationally conclude there is reasonable doubt as to Collins guilt. Therefore, dismissal is now required. The dismissal is without prejudice which means charges can be brought against Collins at a later date. Collins will likely be transported to Georgia where there is a probation violation warrant for him on a drug charge.
United States of America Ex Rel. Charles Glinton, Relator-Appellant v. Wilfred L. Denno, As Warden of Sing Sing Prison, Ossining, New York, 339 F.2d 872, 2d Cir. (1964)
The United States of America, Ex Rel. William Lupo, Appellant-Petitioner v. Edward M. Fay, Warden of Green Haven, Stormville, New York, Appellee-Respondent, 332 F.2d 1020, 2d Cir. (1964)