LIMESTONE COUNTY, Ala. (WHNT) – Although a Limestone County judge dismissed the capital murder charge for murder suspect Joel Moyers due to the language in the charge, Moyers was re-arrested a new capital murder charge on Tuesday.
On December 7, 2012, Joel Moyers was indicted by a Limestone County Grand jury with one count of capital murder.
Moyers’ legal counsel challenged the wording of the indictment, leading to a review of it.
A judge ruled that there was insufficient evidence under the law to charge Moyers with a capital offence simply by alleging that Moyers recklessly fired a shot into a motor vehicle.
Though this charge was dismissed, Moyers was immediately recharged and rearrested with capital murder with new language in the charge. The case will have to go before a grand jury again.
“Nothing in this ruling affects the merits of this case. I appreciate the Court’s diligence in the hearing of this matter. It is the function of the Court to impartially assess the indictment and to rule as the Court deems appropriate under the applicable legal standards,” said Limestone Count District Attorney Brian Jones.
“I am confident that the charge of capital murder based on the intentional shooting of an occupant of a vehicle is appropriate based on the facts. I will continue to apply all resources available to the Office of the District Attorney to see that justice is served in this case,” said Jones.
According to Jones, Moyers never left incarceration during this process.
Moyers is charged with capital murder and discharging a firearm into an occupied vehicle in the shooting death of Brandon Hydrick, 26.