MOBILE, Ala. — A judge ruled Tuesday that prosecutors have sufficient evidence for a grand jury to consider a theft charge against one man and an assault charge against his co-defendant in connection with a May robbery and shooting on Moffett Road.
Terrance Withers is accused of taking a watch and $600 from a man on Moffett Road in May.
The judge threw out a first-degree assault charge against Withers, finding prosecutors had not met the probable cause burden related to allegations he shot the victim.
However, the judge ruled prosecutors do have enough evidence to pursue an indictment on a first-degree assault charge against co-defendant Tristan McCreary.
What a Preliminary Hearing Decides
The ruling came at a preliminary hearing, a proceeding that determines only whether probable cause exists for a case to proceed toward indictment. It is not a trial, and it does not resolve guilt.
The standard is deliberately low. Prosecutors must present enough evidence for a reasonable person to believe an offense was committed and that the defendant committed it. Most charges that reach a preliminary hearing clear that threshold, which is what makes a dismissal at this stage notable.
A judge’s decision to dismiss a count does not permanently end the matter. Prosecutors may still present the dismissed charge directly to a grand jury, which operates independently of the preliminary hearing outcome. But a judge finding the evidence insufficient at this stage is a meaningful signal about how the case is holding up.
Two Defendants, Two Different Outcomes
The split result — a theft charge advancing against Withers, an assault charge advancing against McCreary, and an assault charge against Withers dismissed — points to the evidentiary question the hearing turned on: who fired the shot.
The judge found the evidence adequate to support the allegation that Withers took a watch and $600, but not adequate to support the allegation that Withers shot the victim. The assault count survived against McCreary.
The Charges
First-degree assault is a Class B felony in Alabama, generally applying where a person causes serious physical injury by means of a deadly weapon or dangerous instrument. The classification carries a sentence range of two to 20 years.
Theft charges in Alabama are graded by the value of the property taken. A watch and $600 in cash would be valued together in determining the degree of the offense.
What Happens Next
Both matters now move toward a Mobile County grand jury, which will determine whether to return indictments. A grand jury proceeding is closed, hears only the prosecution’s presentation, and results either in an indictment or in a decision not to indict.
Neither Withers nor McCreary has been convicted of any offense. Both are presumed innocent unless and until proven guilty in a court of law.