By Ashley McLeod, Staff Writer
Nov 15, 2013, 15:34
COLONIAL HEIGHTS — The second of four defendants charged in the killing of 21-year-old Russell “Rusty” Mack had all charges dropped Friday morning.
Charges against Francis Blaha III were nolle prosequi, or set aside, in Colonial Heights Circuit Court on Friday morning. The charges could be brought back up if more evidence is found.
Blaha was charged with murder by mob and second-degree murder.
In February of this year, Blaha, along with three others, were involved in an altercation with Mack outside of his apartment. As a result of this altercation, Mack received a skull fracture, which led to his death more than two weeks later.
The prosecution filed a motion Friday morning to dismiss charges against Blaha due to the “wide gap between probable cause and guilty beyond reasonable doubt.”
Blaha allowed the use of his vehicle during the incident, driving himself and the three others accused to the scene.
A Henrico jury found the first of four defendants, Johnathan Guy, 20, not guilty on all charges last week. His case was moved to Henrico in order to ensure a fair trial on his part.
The defense argued at Guy’s trial that while he fought with Mack that night, he did not deliver the fatal blow that came afterward and could not have foreseen what had happened.
The other two defendants, Rusty Mack’s estranged wife, Ashley Mack and Margaret Blair Dacey are still awaiting trial.
On Thursday afternoon, friends and family members of Rusty Mack protested outside of the Colonial Heights Courthouse.
Drivers on the Boulevard honked their horns in support while protesters cheered in return.
More than two dozen people held up signs calling for justice after the first of four defendants in his killing was acquitted.
• Managing editor James Peacemaker Jr. contributed to this report.
