Waco: Capital Murder Charge Dropped Against Second Spring Street Defendant

Prosecutors filed a motion Monday to dismiss complaints against a Waco man who has been in jail almost two years charged with capital murder and attempted capital murder in an apartment parking lot shooting that left two dead and two injured.

Kevin Wayne Hardaway (Jail photo)

WACO (January 14, 2013)--For almost two years Kevin Wayne Hardaway, who’s also known as Kennedy Hardaway, has been held in the McLennan County Jail awaiting trial for capital murder in a March 2011 shooting that left two dead and two injured, but on Monday the district attorney dismissed the charges.

Hardaway, 27, remained in jail Monday afternoon on bonds totaling $30,000, on unrelated charges of aggravated assault family violence and failure to appear in court out of Bell County.

In a news release issued Monday the district attorney's office said "Testimony in the Ricky Cummings trial led the district attorney's office to re-examine evidence relating to Mr. Hardaway.

"After thoroughly investigating the testimony from the Cummings trial and additional information provided by attorney Sandy Gately, the district attorney's office is dismissing the charges in the interest of justice."

Gately, Hardaway's court appointed counsel, said Monday the actions by the district attorney were appropriate.

"I appreciate the efforts the district attorney's office went to re-investigate this issue,” she said.

"We feel justice was done by this dismissal.”

Hardaway was one of five men indicted in June 2011 in connection with the deaths of Tyus Sneed, 17, of Waco, a University High School student who was attending the district's alternative school, and Keenan Hubert, 20.

They died in a hail of bullets at around 11 p.m. March 28, 2011 at the Lakewood Villas apartment complex in the 1600 block of Spring Street.

Marion Bible, 22, and Deontrae Majors, 20, were wounded in the shooting.

The four victims were in a blue Ford Crown Victoria when the shooting occurred, police said.

The windows and a tire of the car were shot out by the gunfire.

Others indicted include Albert Leslie Love, Jr., Tyrece Edward Richards, Ricky Donnell Cummings and Darvis Tyrell Cumings.

Charges later were dropped against Richards.

Ricky and Darvis Cummings and Richards are brothers.

Hardway is their cousin, authorities said, and the four are closely associated with Love.

Ricky Donnell Cummings was tried in October 2012 and in a trial that lasted into the first days of November was found guilty of capital murder and sentenced to death.

Albert Love is set for trial next and District Judge Ralph Strother has said his trial will be moved to Georgetown.

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