The decision came after Judge H. Paul McCoy listened to arguments from District Attorney Melissa Pelfrey and Cotton's attorney, Jamal Summey.
It is a case in which investigators from the Roanoke Rapids Police still have forensic evidence tied up in the State Bureau of Investigation lab and no motive or confession in the December 18 murder of 23-year-old Jonathan Martrice Andino, an investigation that began as a fatal car wreck. A bullet wound in Andino's back wasn't discovered until two days later during an autopsy at Pitt Memorial Hospital in Greenville. Testimony during the probable cause hearing showed Lieutenant Ozzie Morgan requested an autopsy because of Andino's age.
No weapon or shell casing was ever found, Captain Andy Jackson testified, although Cotton turned himself in to his probation officer the following Wednesday after the state's key witness, Edward Desean Mitchell, who was in the car Andino was driving, said it was Cotton who fired the fatal shot.
Andino and another man, Justin Hand, were going to buy pain pills from Mitchell, investigators testified. Because he didn't known Hand, Mitchell waived the deal off and Andino returned Hand to the Walmart area.
Andino and Mitchell returned to Chockoyette Trailer Park and Cotton came from behind a dumpster. Mitchell gave investigators two stories, one where the window of the car was opened and Cotton fired and the other where the door was cracked and Cotton fired, the door being cracked so it wouldn't look like a hand to hand drug deal, investigators said.
Investigators said Mitchell was emphatic Cotton killed Andino.
Pelfrey said the case remains open. “My heart goes out to the family. They are the ones who have to suffer this loss.”
Pelfrey said the state is still waiting on lab results from the SBI lab and any compelling evidence against Cotton or anyone else will be followed up on.
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