The state attorney general dropped homicide charges Friday against Darnell Hines, 19, of Aliquippa, who had been scheduled for a preliminary hearing yesterday in Beaver County Court.
Hines is now a protected witness for the state but fears he will be killed because he is an eyewitness, according to court documents.
Originally charged with homicide and conspiracy to commit homicide, Hines was arrested a few hours after Officer James Naim was shot execution-style on March 15 at the Linmar Terrace public housing complex, where Hines lived.
Naim was shot twice in the temple at close range.
Hines was released yesterday from the Beaver County Jail on $1 bond and ordered to appear for all future court dates for the remaining defendants in the case. Jamie M. Brown, 23, and Acey Taylor III, 17, both of Aliquippa, are charged with homicide and conspiracy to commit homicide in Naim's death.
At Taylor's preliminary hearing on May 4, Hines testified that he saw Brown shoot Naim in the head and heard Taylor tell Brown to shoot the officer a second time because he was still moving.
Brown and Taylor are to be arraigned Tuesday morning at the Beaver County Courthouse. Linda Barr, senior deputy attorney general, said yesterday that the state will announce then whether it will seek the death penalty against them. The attorney general's office is in charge of the Naim investigation.
Brown's trial has been scheduled for the week of Aug. 6, while Taylor's trial is scheduled for the weeks of Sept. 17 and 24.
Barr said the charges against Hines were dropped 'in the interest of justice.'
'Everyone understands Mr. Hines was a witness to the killing of Officer Naim,' she said. 'He's a very important witness to the commonwealth.'
Members of Hines' family, who were not at the courthouse yesterday, have maintained his innocence.
'We always believed he was never involved in this offense,' said his attorney, Beaver County public defender Frank Martocci. 'It's been shown he was a person who happened to be there and saw what happened but was not a participant.'
According to court documents, Hines has told state police he fears he will be killed by associates of Brown because of his cooperation with prosecutors. Hines' family has told police he would not be safe with them and believe attempts will be made to kill him. Hines told police he wants to leave the Aliquippa area, and possibly the state, and remain hidden.
Citing this and Hines' lack of substantial ties to Beaver County, prosecutors sought the court order assuring his appearance at future proceedings.
Hines has testified that he ran away after seeing Naim killed. He testified that he encountered Russell McKenzie, who told Hines he would be shot if he said anything about what he saw.
McKenzie and Derrick Cotman, both 24 and of Aliquippa, are currently jailed awaiting trial on charges of firearms violations unrelated to Naim's slaying.
Barr said arrangements have been made to protect Hines, but she would not comment on them.
'We have concerns for him,' she said, adding that Hines is 'critical to the prosecution.'
The state has information that witnesses will be threatened with physical violence in retaliation for any testimony, according to the documents.
One witness, Kyle Goosby, survived an attempt on his life, authorities said. Goosby, 23, testified at Brown's preliminary hearing April 20 that Brown told him two to four weeks before Naim's murder that he wanted to kill a police officer.
Goosby allegedly was attacked by Anthony Tusweet Smith, 22, of Aliquippa on March 20 in Harmony. Smith has been held for trial on charges of attempted homicide and aggravated assault.
Smith was arrested March 27 in a downtown Pittsburgh apartment after eluding police for a week. According to a criminal complaint, he was in a car driven by Goosby when he struck Goosby several times in the face, causing Goosby to lose control and crash. Smith allegedly shot at Goosby as he ran away, grazing his head.
Information from police informants has established that Goosby was shot at in an attempt to keep him from testifying, according to court documents.
Brian C. Rittmeyer can be reached at brittmeyer@tribweb.com or (412) 306-4540.
