Prosecutor Drops Murder Charge to Take Time for DNA Testing

By Sam Thrift Wednesday, January 18, 2012

Charges against a Newport News man who was going to be tried today for the murder of his ex-girlfriend were withdrawn because of the pressure of the speedy trial law and that physical evidence still being tested.

York-Poquoson Commonwealth's Attorney Ben Hahn said important evidence needed to insure 43-year-old MacCoy Johnson is convicted for the fatal stabbing of 39-year-old Felice Hickey in her Clairmont apartment in York County on June 9 is still being tested.

Hahn said at the time of the murder, the victim was found with a single hair held in place with dry blood on her hand. The certificate of analysis came back from the lab on Aug. 29, but the hair was found not suitable for DNA analysis. Eileen Addison, the Commonwealth's Attorney before Hahn assumed her position at the beginning of January, did not attempt to use the second form of testing on the hair or use the evidence in Johnson’s preliminary hearing on Sept. 14. Read more about the preliminary hearing by clicking here.

The second form of DNA testing, mitochondrial analysis, takes six to 12 months before results are returned. When Hahn began discussing the case with law enforcement in December, he said he immediately asked why the hair wasn’t readmitted for the other analysis. The lab confirmed the test was possible, but results wouldn’t be confirmed for months.

Hahn said that he asked law enforcement to take a fresh look at the case after their meeting. The next day an investigator told Hahn that there was a knife from Johnson’s house submitted into evidence a day after the murder. The knife appeared to have blood on it, but was never tested. The knife was submitted for testing Dec. 21, Hahn said.

According to the speedy trial law, an incarcerated person held continuously in custody has to be brought to trial within five months after a general district court finds probable cause that he has committed a crime. With Johnson’s preliminary hearing taking place in September, Hahn's deadline to try Johnson is in mid-February, not enough time to get the results of the more comprehensive testing. Hahn said he felt it would be better to withdraw the charges until the results of the testing are returned, rather than risk the charges being dismissed if the trial were postponed any further.

“The only evidence presented at the preliminary hearing was highly circumstantial,” Hahn said. “I think a jury and a judge would want to know whose hair it was and whose blood it was from the knife that was seized at the home.

“It would have been reckless to go to trial with these questions, and these questions are glaring.”

Hahn said Johnson can be charged with murder again, but he will wait until DNA testing is back and other evidentiary issues are further investigated to make that decision.

Johnson was released from Virginia Peninsula Regional Jail yesterday. The grand larceny charges he faced for allegedly stealing the victim’s bracelet, purse and two cell phones, were also dropped.

Hahn said that the Commonwealth Attorney’s Office has spoken with the victim’s family extensively to explain what happened and what will happen next.  

“They are distressed by the situation but they understand that I had no other option to seek justice and bring the best case I can to seek the conviction of murder of their mother and sister,” Hahn said.