BRIGHTON, Ala. (WIAT) — Charges have been dismissed against Cadarrien Juwaun McLemore, 21, charged with murder after Brighton police lost the gun and shell casings from the case.   

McLemore was charged with murder for the 2015 shooting death of 23 year old Kevin Hatter. Hatter was fatally shot in the 1200 block of 47th street. Police found Hatter lying in the front yard of a home. They said at the time it appeared to stem from a dispute between hatter and another man. The other man pulled out a gun and shot Hatter.

McLemore was set to face a jury this week. According to court documents, The Brighton Police Department has lost critical and material evidence in this case, i.e., the gun and shell casings.

The police’s failure to preserve the gun and shell casings under the circumstances of this case can only be considered “bad faith” and in violation of the defendant’s due process rights.

McLemore’s attorney John Robbins asked the court to dismiss the case. Jefferson County Bessemer Division granted that request on Monday. “I feel good, I feel like I can find a good job now,” said McLemore. 

The Brighton Police Chief was not available for comment.