Prosecutor drops charges against man arrested in Ohio festival shooting that wounded 12

TOLEDO, Ohio (AP) — Citing “new and developing evidence,” a prosecutor in Ohio dropped charges Friday against a man arrested in a shooting that wounded 12 people at a crowded neighborhood street festival in June.

Eljay Crisp-Carr, 20, had been arrested and accused of multiple counts of attempted murder, felonious assault, gang activity and firearms-related charges. His attorney said police arrested the wrong man.

In September, prosecutors informed Crisp-Carr’s attorney of discovery “that may support his defense,” Julia Bates, Lucas County prosecuting attorney, said in a statement Friday.

“The Toledo Police Department continues its investigation,” she said. “Both the department and our office remain committed to following the evidence and getting it right, just as we are in every case.”

A judge agreed to the dismissal of the charges without prejudice, meaning prosecutors have the legal authority to refile charges against Crisp-Carr.

His attorney, Alex Bodiford, had argued against that.

“It’s been a rough five months for Eljay,” Bodiford said in an email. “Fortunately for him he has a mom and other family members who supported him and held him up through it.”

The gunfire broke out June 6 during the Old West End Festival in Toledo at a park filled with tents, music and food trucks in a neighborhood dotted with Victorian homes. Police said a fight between rival groups apparently escalated into two people shooting at each other, although they were not among the wounded.

In a criminal complaint filed in Toledo Municipal Court, a detective described video showing Crisp-Carr participating in the fight. After another man started shooting, Crisp-Carr moved away from the group but then turned and opened fire, the detective wrote. He was seen firing indiscriminately into the crowd, the detective wrote.

Hundreds of people were attending the annual festival in a historic district of Toledo, a city on the western edge of Lake Erie about 55 miles (90 kilometers) southwest of Detroit. Organizers canceled the event’s second day because of the shooting.

The violence sent terrified bystanders fleeing while others rushed to help the injured alongside medics and police. The victims ranged from teenagers to one person in their 60s.

Another man charged in the shooting remains in jail and is scheduled to be back in court on Nov. 9.