Murder suspect is let out of jail
DA not ready for hearing, so Troy man released, but charges still stand
By BOB GARDINIER, Staff writer
First published in print: Thursday, November 5, 2009
TROY -- A 23-year-old city man charged five days ago with the murder of Jimmy Chapman was released from jail Wednesday after the district attorney was not prepared to proceed with a preliminary hearing.
Tyrone Chaires of 491 Second St., who was arrested Friday and charged with second-degree murder, appeared in city court for a required preliminary hearing Wednesday before Judge Christopher Maier. Chaires was in the county jail without bail since his arrest.
''We told the court we were not prepared to go forward with the preliminary hearing,'' said Rensselaer County District Attorney Richard McNally. ''The charges against the defendant are not dropped.''
McNally would not elaborate on the reasons his office could not go forward with the hearing.
Chaires, who is the nephew of Schenectady Police Chief Mark Chaires, was then released from the county jail on his own recognizance.''If the district attorney is not prepared for a preliminary hearing, the law states the defendant must be
released on his own recognizance,'' said Chaires' attorney Terence Kindlon. ''We applied and the judge had no choice but to release him.''
Kindlon said however that the charges against his client still stand. A court issued a return date of Dec. 3 for the case, which may now go before a grand jury before that time.
During a preliminary hearing, prosecutors are required to offer the court further proof a felony has been committed and that the accused committed it.
''They did not say in court and I have no idea why the prosecution did not proceed with the hearing,'' Kindlon said.
Chaires is accused of shooting the 29-year-old Chapman on Oct. 13.
Chapman was found shot in the head and lying on a sidewalk at Harrison and Second streets.
Chapman died the next day.
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http://www.timesunion.com/AspStories/story.asp?storyID=861866#ixzz0VzGqMJOR
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