BREVARD COUNTY, Fla. – The man who deputies said shot and killed another last month will not face murder charges in court due to “insufficient evidence,” according to the the State Attorney’s Office of the 18th Judicial Circuit.
Deputies said they initially responded to Cypress Avenue after reports of a shooting around 6 p.m. on Aug. 22. Investigators identified the man shot as Tommy Brothers Jr., 21, of Mims.
Deputies said Brothers was taken to the hospital where he was pronounced dead.
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A short time after the shooting, a vehicle was stopped near Interstate 95 and State Road 46, and its occupants were believed to have had some involvement in the incident, deputies said.
Corey Ward, 27, was arrested at the traffic stop. Investigators believed Ward traveled from Orange County with two other people to sell drugs to Brothers.
Deputies originally said there was a disagreement during the sale that led Ward to shoot and rob Brothers before driving off with two other people in the car.
In an update Thursday, the state attorney’s office added that Ward, Brothers and their respective associates agreed to meet in order to conduct the sale and purchase of cannabis on Cypress Avenue. As Ward entered a car to retrieve drugs, Brothers armed himself and attempted to rob Ward, at which point the state attorney’s office said Ward managed to fire several shots and kill Brothers.
Ward and his two companions fled the scene immediately, before they were apprehended a few miles away, an affidavit shows.
As the investigation continued, it was shown on surveillance video that Brothers possessed a firearm before he was shot and that a witness later removed the weapon, according to the update.
With this and additional information gathered in the investigation, there was insufficient evidence for the State to prove Ward had committed the offense of murder and overcome his expected argument of acting in self-defense, even while willingly engaging in suspected criminal conduct.
Office of the State Attorney - 18th Judicial Circuit
Ward originally faced charges of first-degree murder and robbery with a firearm. According to the update Thursday, Ward faces felony charges of possession of a controlled substance with intent to sell and possession of more than 20 grams of cannabis.
The state attorney’s office vowed to pursue criminal prosecution of Ward on the drug-related charges.
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