The murder of a Biloxi man will go unpunished because of procedural mistake by police.
Friday, the district attorney's office dismissed capital murder charges against, DeCarlos Graham, Joshua Shelby and Charles Gary after a judge threw out the statements and confessions they made to police at the time of their arrest. The trio was charged with the January 1998 murder of Chak Van Nguyen.
Nguyen was beaten to death two days before his 80th birthday by three men who broke into his apartment at Bayview Homes. Nguyen's wife was also hurt in the attack.
Police arrested Graham, Shelby and Gary the next day. All three were teenagers at the time.
Assistant District Attorney Mark Ward told WLOX News Judge Robert Walker ruled a chart used by a police officer to explain possible charges and penalties to the suspects was not appropriate and therefore made their statements inadmissible in court. The statements were the only evidence against the three, so they cannot be re-indicted.