PRICHARD, Alabama (WALA) – FOX10 News has learned that the case against a Prichard man who was on trial for murder was dismissed Tuesday.

Kendarius Welch was taken into custody on April 19.

Welch was one of two suspects arrested in connection with the death of Dontavious Williams.

The murder occurred on April 2 near the 700 block of Reynolds Avenue.

According to court documents, Judge Spiro Cheriogotis dismissed the case Tuesday after the police detective who investigated the Prichard murder failed to appear in court.

Jason Hadaway, a Prichard detective, said he was unable to attend Welch’s preliminary hearing due to a conflict of interest.

Tuesday was at least the fifth time the preliminary hearing was scheduled.

The judge granted a request from prosecutors to reschedule the hearing in May. In June, the judge took testimony from a Prichard investigator but continued the hearing so Hadaway could testify.

According to court records, Hadaway was present at a hearing last month, but it was postponed until Tuesday for reasons not made clear in court records.

When Hadaway was unavailable to testify at the hearing, Cheriogotis dropped the murder charge.

The attorney for a co-defendant in the case, Nicholas Mixon, last week waived his client’s right to a preliminary hearing and agreed to send the case to a grand jury.

Although the charges were dropped, Welch is not allowed to leave.

He remains in Metro Jail as he is being held by the state prison system.

Prosecutors can still present evidence to a grand jury in a murder case.

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