The family of a man murdered in Virginia lived through frightening moments Wednesday when it appeared his accused killer might be released from the Fairfax County jail.
It will be a year ago on Thursday that 73-year-old Nelson Alexander was shot as he went to get money from a Falls Church ATM on his way to work.
He died a few days later.
Two teenagers were arrested in April in the case, and some of the key evidence started with ATM video that showed the getaway vehicle.
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The suspected gunman, a 17-year-old boy from the District, was in court for a preliminary hearing Wednesday. The judge, however, decided the ATM video could not be admitted and ruled there was not enough evidence to move the criminal case forward.
Kendra Johnson, the victim’s niece, was in the courtroom.
“It was kind of, what is going on here? What do you mean there’s not enough evidence to be able to proceed with this, because clearly we can see that there was a crime being committed,” she said.
Johnson said the most concerning moment came next, when the judge considered releasing the defendant.
“When she said that she felt that there wasn’t enough evidence being provided, at that time, she was going to release the suspect, I believe to his parent. And it was just like what? He’s going to be able to walk the street?” Johnson said.
Detectives told the judge that there was a warrant for the teen’s arrest in another county, and those charges will keep him behind bars.
To get to a trial in Alexander's killing, the Office of the Fairfax Commonwealth’s Attorney is now expected to take the case against the suspect directly to a grand jury to seek an indictment there.
Alexander’s family is holding a gospel concert in his honor on Sunday to raise money for victims’ services and for the fire department’s Coats for Kids program.
"He was a great person, he was a kind person, and he was a loving person," Patricia Alexander, the victim's niece, told News4 last year. "He loved his family, each and every one, and even those who were not his family, he loved each and every one of you."
