Charges have been dropped against Waiverly Burnest Thomas, the man initially pegged by police as the gunman in a wild shooting on Pico Boulevard.
A Los Angeles Superior Court judge ruled Jan. 30 to dismiss the case at the request of the District Attorney's Office, according to court records.
"There needed to be further investigation," said D.A. spokeswoman Jane Robison.
A Colton city resident and Santa Monica High School alumnus, Thomas had been charged with attempted murder and being a felon in possession of a firearm in connection with the non-fatal shooting of a young woman near 18th Street as she tried to flee the area with help from a stranger.
Public defender Matthew Huey had filed a motion to suppress evidence in the case about a month before it was dismissed. In the motion, Huey argued the Santa Monica Police should have obtained warrants to arrest Thomas and search his vehicle.
The police officers detained Thomas "based on a description of a suspect being a 'male black, wearing a black hooded sweatshirt and white pants' with no further identifying features," the motion read. "No reasonable suspicion existed to justify the detention."
"During the illegal detention, defendant was identified in a field show up, and his car was searched and a handgun was recovered," the motion continued.
Santa Monica Police spokesman Sgt. Richard Lewis said detectives are looking for new leads in the case.
"Everyone is considered a suspect until proven otherwise," he said.
The gunman opened fire Dec. 8 from the Pico Boulevard sidewalk. Multiple rounds struck an 18-year-old woman who had run into the intersection from a nearby memorial car wash to flag down a car, saying she needed help leaving the area.
A Good Samaritan stopped to help, and the victim got in his car, but before they could escape, the gunman fired, according to the police. The shooter fled west into the nearby neighborhoods.
With the victim inside his car, the driver was able to call 911 upon reaching the corner of Lincoln and Pico boulevards, according to the police. She was treated at a local hospital.
Thomas was apprehended near Delaware Avenue at 16th Street about an hour after the shooting as he attempted to drive out of a police perimeter. A handgun was recovered from the car.
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What about the victim? If she correctly identified him, isn't that all the police need for an arrest----even if she refuses to press charges? This is ridiculous.
Frankly, it appears to be a pimp/prostitute dispute. And from his photo, it looks like hard drugs are involved. Very long term use of hard drugs.
I know it is difficult to imagine that if the rights of such a person were violated, yours could be, but that is the truth. If any innocent people can be jailed with no evidence against them, we--innocent people with no evidence against us--are all in trouble.
Isn't the issue whether the person who was apprehended was carrying a gun without a permit? And wasn't it also concealed? If yes, than it doesn't matter whether he is/isn't a junkie, pimp or john.. I can imagine innocent people being jailed with no evidence. And a lot worse. What I cannot imagine is why you choose to defend any individual with a criminal record who is found carrying a gun. Whether my speculation is correct, begs the real issue. If this individual was carrying a gun, he has violated his probation and is a public danger.
I said the ex-felon with a gun charge might still pertain, unless warrantless searches are not good regarding them, too. I am not defending on that issue. I don't know the answer to that question, as criminal law is not my field and never was. In fact, I decided when I was studying for the bar exam not to answer any questions including criminal law, which since we had to answer three out of four in each section, often left me with no choice. I am afraid of criminals and as wary of having them around as anyone (probably worse than most). Nonetheless, I was sure ballistics proved he did NOT fire the gun he had at the woman. What part of innocent until proven guilty (and a right not to be charged without evidence) is so difficult to understand? This is basic constitutional rights we are discussing. They have to be available to everyone, or they are worthless.
Do we have to wait for Thomas to actually commit a murder before he is sent to prison? What happened to three strikes and you're out? I also believe when a victim asks for help in fleeing her attacker, receives it from a good samaratan. and then refuses to identify the attacker, she has (at the very least) wasted community resources and must be held responsible for repayment of monies spent on her behalf.
Are you suggesting that if a felon carries a gun, he has not commited a crime? What part of this scenario am I missing? I am not changing the subject. I am doing my best to understand your logic. A man convinced against his will is of the same opinion still. Can we agree to disagree?
I am sorry for your misfortune. You surely realize your response(s) read like an unconvincing alibi. I call it like I see it. Sorry.
Is that the response that sounded like an unconvincing alibi to you, Mimi? If ballistics were run on the gun and it was not the gun used in the crime he was charged with, that's unconvincing to you? Please tell me your whole name4 so I can be sure you're excused for cause from any jury that might try the case of anyone connected to me. You don't even see now what is wrong with adding to what was in the press--which was always what the police and other people doing their best with limited facts and reacting quickly were saying--and then coming to conclusions based on more irrelevant and misused "facts." I don't let that kind of bias and prejudice go, obviously. Innocent people are hurt by that.
For better or worse, you and your husband are now on the police radar. I hope for everyone's sake, there are no further incidents involving you, your spouse and /or mistaken identity.. Brenda- I will make sure to excuse myself from the jury pool if/when this case goes to trial. And I suggest you do the same.