Michael David Moore, indicted for murder on May 8 in connection with the shooting death of Joseph McArthur Barnett, was released from jail yesterday after the charges against him were "nol-prossed" by Commonwealth's Attorney John Greenbacker.
Barnett was shot in the driveway of his Alton, Va., home during the evening of December 15, 1999, and died of his wounds nine days later at Duke University Medical Center.
The reasons listed for the order included disavowal of a statement made to police by one material prosecution witness, and the alteration of the details of a statement made to police by another prosecution witness.
The third reason for the order involved Moore's alleged accomplice in the case, Jason Thomas Loftis, whose trial was recently continued to September through a defense motion to determine his competence to stand trial.
According to the commonwealth's attorney, Loftis has resisted suggestions that he turn state's evidence.
For these reasons, Greenbacker believes that the case is "no longer in a posture to successfully bring to trial."
Moore, through his attorney Glenn L. Berger, objects "to the entry of this order and demands dismissal with prejudice of the charges against him.
"In support thereof he does represent that he is innocent of the charges, that he is (17) years old and has been incarcerated and awaiting trial as an adult since February 17, 2000,
· "that the pendency of this case has created a severe psychological and financial strain on him and his family,
· "that he is prepared for trial on August 1, 2000, the scheduled trial date,
· "that delay of trial may result in the loss of evidence and witnesses in his behalf,
· "and that the possibility of revival of the charges against him at a later date will only magnify the pressure occasioned by the irresolution of this blight on his reputation and future,
· "and may fatally compromise without just cause his rights under the Fifth, Sixth and Fourteenth amendments to the United States Constitution and their correspondences in the Constitution of Virginia."
After considering the arguments, Judge Leslie M. Osborn granted the commonwealth's attorney's motion to nol-pros the case and refused the defendant's motion to dismiss the case with prejudice.
"We were ready and prepared to go to trial," said Glenn Berger, Moore's attorney.
"By entering the order, the commonwealth showed it did not have sufficient evidence to go to trial."

A Charlotte County resident, Nancy Carwile, will challenge Del. W.W. "Ted" Bennett in 2001 for the 60th District seat.
The Republican will be challenging Bennett, a Democrat, in a district that has not seen a contest since 1989.
Carwile, director of the Southside Regional Governor's School for Global Economics and Technology, said that she had been urged to run before but that the timing had not been right for her.
Now the timing is right, and she thinks it is important to have "a two-party system to bring issues up" in the district.
"For a candidate to be unopposed for 10 years is not good," said Carwile, adding that she thought that was "one reason we get overlooked.
"As long as people vote for a single party, in effect, they lose their voice."
In the 21st century, she said that it is important to "stand up and be counted" in the state legislature "or the larger populated areas will get the attention and the rural areas' needs will slip by.
"I have always been a person to work with a lot of groups, pulling people together to reach a concensus and make things happen," she said. "I go to the legislature and I know what it entails."
She cited economic development, education and promoting tourism as important in the district.
"We could do more for tourism in this area of the state," she said.
"Agriculture is also at a crossroads," she added.
She said that the area had not kept pace with the current statewide growth in prosperity, and that she was concerned that the quality of the district's rural life is influenced by decisions made in urban areas.
"Now is the time," she said, "to build a presence in the Virginia legislature so that our voice may be heard as decisions are made for the 21st century. If we don't stand up and be counted, the rest of the state will move ahead, and Central Southside will be overlooked and invisible."
Carwile taught in Charlotte and Appomattox County schools for 23 years and nine years at Southside Virginia Community College, where she also held an administrative position.
She serves as chair of the Charlotte County Literacy Board and vice-chair of the Virginia Board for Correctional Education.
Carwile ran a small business for four years. "I understand employment, development and regulations that affect anyone trying to be part of the business world," she said.
She is married to C.L. Carwile. His family has been in the dairy business for several generations.
She and her husband are the parents of two children, a son and a daughter, and are members of Centenary United Methodist Church in Madisonville.
Carwile is a graduate of the College of William and Mary. She earned her master's and doctorate degrees from the University of Virginia.

A 78-year-old Nathalie woman was killed Monday afternoon after she lost control of a vehicle while traveling in the rain on Route 501.
Della Mae Roark died at the scene, according to Trooper S.L. Noblin, after she was ejected from the 1985 Buick, which had ran off of the road and overturned.
Noblin said the 4:35 p.m. fatality occurred one-tenth of a mile north of Perth Road (Route 638) after the driver ran off of the right side of the road, overcorrected, ran off of the left side of the road and struck an embankment.
The vehicle then overturned three times and ejected the driver, said Noblin.
Roark died at the scene, becoming the sixth fatality in Halifax County this year.
· Charges are pending on a two-vehicle accident that occurred Monday afternoon on Main Street in the Town of Halifax.
Lt. G.T. Stanley said a 1992 Jeep Wagon, driven by Richard Leon Petty, 26, of South Boston, was stopped in traffic and was struck in the rear by a 1994 Chevrolet, driven by Teresa Jones Badawi, 28, of Halifax.
Stanley said the 3:20 p.m. accident, which occurred during in the rain, caused an estimated $1,900 in damages to the Badawi vehicle and $900 in damages to the vehicle driven by Petty.
· A 22-year-old Clover man was charged with reckless driving early Monday morning after a single-vehicle crash on Rodgers Chapel Road, one and one-tenth of a mile north of U.S. Route 360.
Trooper D.T. Conner said the 12:15 a.m. accident occurred after Trevyarnti Q. Shuler fell asleep at the wheel of a 1986 Ford pickup.
The vehicle ran off of the right side of the road, Shuler lost control and the vehicle ran off of the right side of the road again before overturning.
Conner estimated $3,000 in damages to the vehicle.
· A Scottsburg man was injured Monday afternoon after he swerved his vehicle to miss a deer and struck a tree.
Trooper G.M. Gilliam said the 5:05 p.m. crash occurred after Mitchell D. Brooks, 39, driving a 1986 Toyota pickup, swerved to avoid a deer on Fowler Trail (Route 787).
Gilliam said the driver lost control of the vehicle, which ran off of the right side of the road and struck a tree, one-tenth of a mile north of Sandy Beach Road (Route 703).
Brooks was treated at Halifax Regional Hospital and released, according to a hospital spokesperson.
The trooper estimated $2,500 in damages to the vehicle.
No charges were filed.
· Another incident involving a deer occurred Friday morning on State Route 360, seven-tenths of a mile east of Thompson Store Road (Route 676).
Trooper C.M. Fleming said the 4 a.m. incident involved a 1994 Chevrolet pickup, driven by Tanya E. Clay, 27, of South Boston.
Fleming said the driver swerved the vehicle to avoid a deer and ran off of the right side of the road.
Clay overcorrected and ran off of the right side of the road again and struck a fence belonging to Ned Strange of Vernon Hill.
The trooper estimated $1,500 in damages to the vehicle and $500 in damages to the fence.
No charges were filed.
· Charges are pending on a single-vehicle incident that took place Monday afternoon on State Route 360, six-tenths of a mile west of High View Road (Route 671).
Trooper G.M. Gilliam said the 3:45 p.m. incident occurred when Eric Younger Steamster, 21, of Vernon Hill, was driving a 1991 Toyota pickup and lost control of the vehicle.
The vehicle ran off of the right side of the road and struck two mail boxes.
Gilliam estimated $1,400 in damages to vehicle and $90 in damages to the mail boxes.

In other police reports,

A 38-year-old South Boston woman was charged with malicious wounding Monday after Corporal P.M. Williams, of the South Boston Police Department, was flagged down at Country Green Apartments by the victim, Leon E. Womack,42, of Union Church Road.
Paulette Bryant was charged with the malicious wounding of Womack, which took place around 7:50 p.m. when an alleged disagreement between the two sent Bryant into the kitchen for a knife, Williams said.
Womack received a severe laceration on the top of his left hand and was taken to Halifax Regional Hospital for treatment.
· A 36-year-old South Boston man was arrested Monday by sheriff's deputies on a possession-of-marijuana charge.
Jeffrey David Miller, 36, of Wren Street, was charged with the possession of marijuana, which allegedly occurred on December 30, 1999.
· Henry R, Weston, 19, of Ridge Street in South Boston, was arrested Monday by sheriff's deputies on charges of destruction of property.
Weston was charged with damaging a 1995 Mitsubishi, belonging to Kathy S. Chang, and using the vehicle without the consent of the owner and depriving the owner of possession of the vehicle.
The alleged offenses occurred on February 26.
Weston is scheduled to appear in Halifax County General District Court on August 9.

By BOB LEWIS
Associated Press Writer
PHILADELPHIA (AP) - So what if U.S. Rep. Virgil Goode isn't ready to join the Republican Party? He has made himself quite at home at the Republicans' big weeklong party.
Goode, who in January bolted the Democratic Party after 26 years and declared himself an independent, is the only non-Republican who will have the GOP's blessing in a congressional race this year.
On Monday, lifelong Virginia Republicans wore red ''Welcome  Virgil!'' lapel stickers and gave Goode a throaty cheer when he was introduced to them hours before the Republican National Convention  was called to order.
''Really, I'm just the same guy today as I was yesterday and the day before that,'' said Goode, who has caucused with House Republicans since he made the switch. ''I suppose that now party labels have some significance, but most people in Virginia vote on an independent basis.''
For the GOP, Goode's move is as important as it was unusual.
It is important because it instantly deprived his old party of its last majority in the state, symbolic though it may have been. Before Goode's move, the Democrats held six of the state's 11 House seats. Now, it's 5-5-1 with the independent siding with the GOP.
Goode is strongly favored against Democratic challenger John Boyd, the leader of a national black farmers' advocacy group. And  Republicans could pick up a seat with the retirement of Democratic U.S. Rep. Owen B. Pickett in Hampton Roads' 2nd District.
So, in a year when the GOP is battling to retain its majority in Congress, it's easy to understand why Goode gets hugs and  handshakes from people who - at least technically - were his adversaries when he served in the General Assembly and during his first four years in Congress.
''I've liked Virgil since the first year he was in the legislature,'' said Tucker Watkins, chairman of the GOP in Goode's 5th Congressional District.
Yet four years ago, when Goode was a Democrat opposing  Republican George Landrith for the congressional seat, Watkins had to support his party's candidate. He was a GOP national committeeman who felt obliged to honor his pledge to support his party's candidate.
So why doesn't Goode complete the transition and officially join the party? It's a prospect that would delight Republicans statewide, said state GOP Chairman Randy Forbes, but nobody wants to pressure Goode.
''One thing we don't do is push people,'' said Forbes, who is also a state senator from Chesapeake. ''Our philosophy is if we fly the right banner, we feel like people will come to it on their own.''
As for Goode, he says party has never been as important to him as philosophy in the first place, and his conflict with what he saw as a liberal Democratic agenda is why he broke with the Democrats.
''The last Democratic (National) Convention I went to was in 1992 up in New York,'' Goode said in his sharp Blue Ridge Mountain twang. ''That year, I didn't vote for the platform because I didn't like it.''
Goode said he is reluctant to switch for fear of alienating many old friends who are Democrats, some of whom still contribute to his campaign, he said. Besides, why join when he can reap so many party benefits and remain independent?
His May endorsement by the GOP means his name will appear on bumper stickers and yard signs in support of presidential nominee-apparent George W. Bush and Republican U.S. Senate candidate George Allen.

American National Bank and Trust Company of Danville is seeking regulatory permission to establish a branch office at 3229 Halifax Road in the Centerville/South Boston area. That location was vacated recently by Bank of America.
ANB&T President Charles Majors said yesterday that, barring any unforeseen delays, the South Boston branch should be in operation by October.
ANB&T was established in 1909 and up until about five years ago, its entire operations were within the city limits of Danville. The bank now has seven branches in Danville, including its home base at 628 Main Street, plus Martinsville, Chatham, Gretna, Collinsville and Yanceyville, N.C.
Majors said that the expansion into Halifax County fits into ANB&T's overall plans to serve the community's total banking needs. South Boston resident Dexter Gilliam recently joined ANB&T as vice president of its commercial lending department.
American National is a publicly held company and is traded on the NASDAQ under the trading symbol of AMNB. The bank has total assets in excess of $511 million.

Jesse James Moorefield III, age 52, of 305 Ellyson Avenue, South Boston, died July 29 at his home.
Mr. Moorefield was born in Halifax County on February 15, 1948, the son of Jesse James Moorefield Jr. and Dorothy Moorefield and was married to Aretha N. Moorefield. He was a member of Liberty United Church of Christ and was a U.S. Army Veteran.
Survivors include his wife; one daughter, Teri Michelle Moorefield of South Boston; one granddaughter, Breanna Nicole Anderson of South Boston; two stepsons, Gregory Newman and Jared Newman, both of South Boston; his mother-in-law, Mary Newman of South Boston; and a friend of the family, Karen Crawley.

Funeral services for Mr. Moorefield will be held today, August 2 at 2 p.m. at Powell Funeral Home Chapel with the Rev. Dwight Moore conducting the service. Burial will take place in Halifax Memorial Gardens with Military Rites.

Flora Eugenia Motley, age 66, of Arlington, died July 29 at Arlington Hospital.
Mrs. Motley was born in Halifax County on March 15, 1934, the daughter of John Thomas Motley and Emma Anderson Motley. She was a member of Arlington Baptist Church and was employed by the Air and Space Museum of The Smithsonian Institute.
Mrs. Motley is survived by one son, Marvin C. Brown Jr. of Arlington; one daughter, Eugenia J. Suslovich and husband, Robert of Arlington; one sister, Mary A. Motley of South Boston; two grandchildren, Erika and Gary Suslovich of Arlington; and one sister-in-law, Dorothy W. Motley of Vernon Hill.
Funeral services for Mrs. Motley will be held today, August 2 at 2 p.m. at County Line Baptist Church with the Rev. Coy Terry conducting the service. Burial will take place in the church cemetery.

Those wishing to give memorials are asked to consider the County Line Baptist Church Cemetery Fund.

Elsie Crews Franklin Smith, age 85, of Richmond, widow of William Green Franklin Jr. and Robert H. Smith, died July 31 at her home.
Mrs. Smith was born August 19, 1914 in Halifax County the daughter of Thomas Walter Crews and Gertie Snead Crews and Mary Fulp Crews.
Survivors include two daughters and sons-in-law, Mae F. Layne and Stuart D. Layne of Richmond and Elizabeth F. Cole and C. Wayne Cole of Alton; one sister, Betty Crews Burton of Richmond; three grandchildren, Sandi H. Wilkerson and her husband, Donnie Wilkerson of South Boston, David S. Layne of Richmond and William Franklin (Billy) Hatcher of Alton; one great-granddaughter, Beth Throckmorton of South Boston.
Funeral services for Mrs. Smith will be held August 3 at 2 p.m. at Powell Funeral Home with the Revs. W. Joseph Winfree and Derrick Parsons officiating. Burial will follow in Dan River Baptist Church Cemetery.
The family will receive friends this evening from 6:00 to 8:00 at Bliley Funeral Home, Chippenham Chapel in Richmond.
Those wishing to give memorials are asked to consider the Virginia Cancer Society, Bon Secours Hospice, or your favorite charity.

Flossie Hazel Elliotte Wilson, age 84, of 3032 Red Bank Road, Virgilina, died August 1 at Halifax Regional Hospital.
Mrs. Wilson was born in Mecklenburg County on May 8, 1916, the daughter of Charlie Benjamin Elliotte and Alice Bell Williamson Elliotte and was married to James Woodrow Wilson Sr. She was a member of North Fork Baptist Church.
Survivors include four sons, James Woodrow Wilson Jr. and Larry E. Wilson, both of Virgilina, Wayland W. Wilson of Roxboro, N.C. and Henry L. Wilson of Scottsburg; nine grandchildren and 12 great-grandchildren.
A funeral service for Mrs. Wilson will be held at North Fork Baptist Church August 3 at 2 p.m. with the Revs. Bill LaWall and Jack Stewart officiating. Burial will take place in the church cemetery.
The family will receive friends this evening, August 2 between 7:00 and 8:30 and other times at the home.