YORK -- A York man, twice charged in the killing of another man, and twice had the charges dropped, is charged with murder again.
Antonio Maurice Mobley, 26, is charged with murder for the third time in the 2007 shooting death of York's Dawud Chester.
The first charge was dismissed by the 16th Circuit Solicitor's Office after a mix-up with warrants. A judge in September dismissed a second murder charge, citing, among other things, a lack of evidence that Mobley was involved in gang activities.
Then last Wednesday, Mobley was indicted again by a state grand jury.
"It's painful," said Mobley, the new father of a month-old boy. "They come and arrest me over and over again. I didn't do it."
Mobley is set to appear in court Monday for a bond hearing in Columbia.
"They got an innocent man charged with murder," said his attorney, Melvin Roberts. "He's a victim of the judicial system because he's been charged, dismissed, charged, dismissed and charged again. ... What they're doing is so wrong.
"Normally, I don't try cases in the paper, but this case stinks to high heaven."
Chester was fatally shot Sept. 11, 2007, during what York police called a gang-related shooting. Lorraine Shannon, who police have said is linked to the Cali Boys, a York gang, also was wounded during the shooting. Chester was a member of a rival gang dubbed Valley Boys, police said.
Authorities believe a street fight between the Cali Boys and Valley Boys got out of hand Sept. 11. Around 8:30 p.m., Shannon's girlfriend dropped him off at a stop sign on California Street after he saw what seemed to be a confrontation, according to Shannon's statement to police. A man approached Shannon before he was "jumped" by a group that included Chester, Shannon's statement notes.
During the commotion, Mobley arrived.
"They were out there fighting," Mobley said of the pockets of fights. "I was breaking everyone up."
Then, shots erupted.
Shannon was shot in his calf and ankle area, but the triggerman, who fired a .45 caliber, was not Mobley, Shannon's statement notes. The man Shannon named in his statement as the shooter has not been charged.
"The whole time I was standing with Mobley," Shannon's statement notes. "He did not have a pistol on him whatsoever as we were running. He was in front of me, but we separated."
Authorities found Shannon on a porch, and they found Chester lying face down in a California Street front yard. Autopsy results showed Chester died from a single gunshot to his middle back.
Mobley returned to the scene as police investigated. Authorities contend that Mobley's cousin, Monquarius Antonio Duncan, was involved in the fights. While police believed Duncan was not armed, police reports note Mobley had a gun that fell out of his pocket.
Arrest warrants claim that Mobley shot Chester in the back with a .45-caliber handgun.
"I didn't have a gun," said Mobley, now studying architecture at York Technical College.
Mobley returned to the scene and was arrested. Police also arrested Duncan on outstanding, unrelated charges. The next day, authorities charged Mobley with murder, assault and battery with intent to kill, unlawful carrying of a pistol and possession of a weapon during a violent crime, arrest warrants note.
Roberts said authorities did a gun residue test on Mobley that came back negative. The State Law Enforcement Division would not comment on that aspect Saturday.
York Police Chief Bill Mobley previously said an anonymous 911 phone call alerted police that Duncan had a .357-caliber pistol at the scene and the department started an arrest warrant based on that information.
But authorities never signed or processed the warrant. "Instead of tearing the warrant up, it was put in the file," Mobley said.
Because of the mix-up, charges were eventually dropped against Mobley and Duncan.
Mobley thought he had his life back until a state grand jury issued another indictment against him in Chester's killing.
A judge later dismissed that charge, saying in part that the indictment was issued without sufficient probable cause of gang-related activities.
Mobley started architect classes at York Tech and welcomed a new son into the world.
His former job called last Wednesday. They wanted Mobley to reinterview for his former job.
Then Wednesday, a newly seated state grand jury indicted Mobley again.
"I just can't get my life back on track because it (the murder charge) keeps coming back," Mobley said. "I'm just tired of it. I didn't do it."