On February 12, 2011 a gunman shot and killed 19-year old Sir Xavier Brooks at the Leonardo’s Da Vinci Code club in Chandler. The shooting took place in the midst of a fight outside the club.
Orlando Nembhard was arrested and later charged with the murder. Following his arrest, conflicting witness statements were provided to police calling into question the identity of the suspected shooter.
Chandler Police Detectives who have been working on the case find it has been complicated by the fact that the suspect and his twin brother Brandon have both been identified as being present at the scene of the shooting. While there is evidence that one of the twins is involved, prosecutors are unable to go forward at this point in time.
Today, prosecutors filed a motion in court requesting the charges be dropped against 19-year old Orlando Nembhard without prejudice releasing him from custody.
The investigation will continue in an effort to identify and hold accountable the person or persons responsible for Sir Brooks’ death.
“Prosecutors have a legal and ethical obligation to ensure that we have a reasonable likelihood of conviction in order to pursue a case against an individual. When the evidence available falls short of that standard, we simply cannot continue a prosecution. While it is clear that Sir Xavier Brooks died at the hands of another, we must make sure that the justice served for him and his family follows a just conviction.”