DA Sought Defendant’s Release on Personal Recognizance Last Week

BOSTON, Nov. 16, 2018—One week after they asked a judge to release him from jail on personal recognizance, Suffolk County prosecutors today filed paperwork withdrawing the murder case against KEVIN WILLIAMS, 21, who was charged last month with the shooting death of 67-year-old Jose Luis Phinn Williams in Dorchester.

Suffolk District Attorney John P. Pappas said the decision was based on a review of the evidence gathered and analyzed since the night of Jose Williams’ homicide and Kevin Williams’ arrest. Pappas said that Boston police and Suffolk prosecutors had jointly agreed the case warranted further investigation and that “the ethical step was to withdraw the charges prior to the first scheduled court date as that investigation continues.”

Prosecutors said Williams’ arrest was supported by a detailed description of the assailant by an independent percipient witness at the scene; a positive identification of Williams as the gunman; and corroborating video footage – circumstances that clearly supported probable cause for the initial charges. In the weeks that followed, detectives continued to seek and gather evidence from multiple sources, and prosecutors fought in court obtain potentially exculpatory evidence from Williams’ attorney and were forced to send grand jury subpoenas in order to obtain alibi testimony.

On Nov. 9, prosecutors determined that the totality of facts did not require Williams’ pre-trial detention, and they affirmatively filed a motion to release him on his own recognizance. Today, after a week of additional investigation that included analysis of expedited forensic testing, they concluded that the evidence was insufficient to establish guilt or innocence and filed a nolle prosequi – a legal document withdrawing the charges.

“We don’t force the evidence to fit the case,” said Pappas, whose office notified the victim’s family and defendant’s attorney of the development. “We follow the facts wherever they lead, and today they led us to this decision. The investigation remains open, it remains active, and it remains a priority for us.”

Jose Williams suffered fatal gunshot injuries shortly after 11:30 on the night of Oct. 6 as he worked a shift at the Fabian Gas Station at 528 Washington St. in Dorchester. Anyone with information on the shooting, no matter how minor it may appear, is urged to share it with Boston Police homicide detectives at 617-343-4700.

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All defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.