WACO (May 8, 2014) Further investigation is needed in a deadly shooting in Waco that stemmed from a drug deal gone bad, but capital murder charges filed against two men in connection with the slaying have not been dismissed, McLennan County District Attorney Abel Reyna said Thursday.
Leslie David Lee, 44, of Gatesville was killed in October 2013.
A U.S. Marshal's Task Force arrested Texavia Rashun Ervin, 23, on Feb. 4 in the 3200 block of north 25th Street and just hours after police arrested Danny Lee Byrd, 23, in the 1900 block of Reuter Avenue.
They were both charged with capital murder.
Ervin was released from custody on May 2, but Byrd remained jailed Thursday charged with a parole violation, online records showed.
District Attorney Abel Reyna said Thursday the charges against the two men were neither dropped nor dismissed, but because more investigation was required, the cases had not been sent to grand jury.
"The direction of the case changed and we (prosecutors) determined we needed to continue the investigation," Reyna said.
"But nothing other than that happened," Reyna said.
"We haven't dismissed or dropped anything."
State law requires that within 90 days of arrest on such a charge, the suspect must be indicted or allowed bail, and that's all that happened, Reyna said Thursday.
"They can be re-arrested on that charge or any new charge," Reyna said.
Waco police Sgt. W. Patrick Swanton said police agree with the DA's assessment that the case needs more investigation.
Lee was shot to death at around 10:30 p.m. on Oct. 26, 2013 at the Lafayette Apartments at 2503 Ethel Ave. in Waco, Swanton said.
Investigators determined that Lee and a woman went to the complex to complete a drug deal they had arranged when two men armed with handguns approached in what evidently was attempt to steal the drugs from the two, Swanton said.
Lee attempted to pull out his own handgun and was shot several times in the neck and face, Swanton said.
The woman, who was not identified, wasn't injured, Swanton said.