NEWPORT NEWS, Va. (AP) -- Prosecutors in Virginia Beach won't refile charges against a Newport News man whose 1991 capital murder conviction was overturned earlier this year.
Commonwealth's Attorney's Office spokeswoman Macie Pridgen says the office determined there's insufficient evidence to convict 42-year-old David Wayne Boyce.
Boyce was convicted of capital murder and robbery in the 1990 death of his roommate, 35-year-old Timothy Kurt Askew, at a Newport News motel.
A federal judge in Richmond vacated the conviction in March, saying key evidence was withheld from Boyce's trial and that false testimony was presented. Prosecutors were given four months to either retry Boyce or set him free.
Pridgen tells WAVY-TV that Commonwealth's Attorney Harvey Bryant reviewed the case and told a Newport News judge Wednesday the charges won't be renewed.
Information from: WAVY-TV, http://www.wavy.com/
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