COLONIAL HEIGHTS, Va. (WRIC)—On Friday it was announced that all charges against two of the people accused of beating 21-year-old Rusty Mack to death earlier this year have been dropped.
Francis “Frankie” Blaha had been charged with murder by mob in the beating death of Rusty Mack, but those charges were dropped the morning of Nov. 15.
Two charges against Margaret Blair Dacey including murder by mob and felony murder have been dropped. She still faces 2nd degree murder and malicious wounding charges. She was underage at time of Mack's death but is being tried as an adult for felony assault and murder.
Based on the Guy verdict, prosecutors felt they did not have enough evidence to try Blaha.
“If we could not prove murder mob beyond a reasonable doubt then we could convict Frankie Blaha,” says Commonwealth's Attorney William Bray.
“We're very grateful the Commonwealth's Attorney revaluated the facts in this case and think they did the right thing,” says Blaha's attorney John Rockecharlie. “The facts in this case indicated that Blaha was no more than a witness to this tragic event he was there he was watching it but had no part in this event
Mack's mom, Belinda Cardwell, was emotional outside the courthouse but she understood today's decision. She doesn't blame Blaha for her son's death.
“He didn't touch Rusty. I wasn't against him. I was against the one who beat him.”
But Mack's family and friends are upset with how the Commonwealth's Attorney has handled the case and they are now calling for a special prosecutor to take over.
Mack's estranged wife is still facing charges in the case.
Copyright 2013 by Young Broadcasting of Richmond