A Winnebago County judge dismisses an effort to get murder charges reinstated against a man accused of killing a man at a party.
First degree murder charges were dropped against Antwan Maxey back in January after his defense filed a motion to dismiss for violation of the speedy trial law. That law states a case must go to trial within 120 days of a suspect being arrested. The prosecution filed several different motions during the legal process, delaying the start of Maxey's trial.
Maxey was charged in the shooting death of Charles Spivey, 25, of Rockford, at a party in the 200 block of Sherman Avenue on January 22, 2011.
On Friday, a judge dismissed a motion filed by the Winnebago County State's Attorney's office to reconsider the charges.
"This is unfair," said Victoria Spivey, victim's cousin. "The state failed us several times."
"I hold the state, prosecutors, judge, everyone responsible," said Annie Spivey, victim's mother.
"I am disappointed in the state's attorney's office for letting it get that close to the 120 days, it should have never gotten that close," said Glenn Scott, victim's father.
The state's attorney's office is appealing Friday's ruling.
Two other men, Lamont Cole and Clifford Horton were also arrested in Spivey's murder. Their cases are still pending. Both face several charges, including first degree murder.
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