Jun. 3—Saying there is no case without his wife's testimony, the district attorney dropped murder charges Tuesday against Akeem Juwon Brown in the 2018 shooting death of Corey "C.J." Proctor, according to Glynn County Superior Court documents.
Subsequently, Brunswick Judicial Circuit District Attorney Keith Higgins also dropped murder and conspiracy charges Tuesday against Brown's wife, Tiffany Renee Brown.
Higgins filed a motion of nolle pros in Superior Court on Akeem Brown, 35, dropping malice murder and felony murder charges against him. The motion additionally dismisses one count of aggravated assault, two counts of conspiracy and four counts of tampering with evidence, according to court records.
Higgins also filed a nolle pros motion on Tiffany Brown, 35, dropping one count of felony murder, one count of aggravated assault, one count of making a false statement and two counts of conspiracy, court records show.
In the filing, Higgins stated, "There is insufficient evidence at this time to prove guilt beyond reasonable doubt."
Higgins said Tiffany Brown was to be the key witness against her husband, but she refuses to testify. By law she cannot be made to testify against her husband, Higgins said.
However, there is no statue of limitations in murder cases, Higgins said, meaning Akeem Brown could be re-indicted if further evidence arises.
"Tiffany Brown has refused to testify against Akeem Brown," Higgins said in the filing. "The state cannot compel her to testify against him because of the marital testimony privilege."
Proctor, a 22-year-old Brantley County man, was found shot to death inside his vehicle at the end of Golden Isles Parkway early on the morning of March 17, 2018.
Glynn County police arrested Tiffany Brown April 5 and charged her with the murder of Proctor, who was popular with patrons and fellow employees at his job at Toucan's Ale House, off Perry Lane Road near Golden Isles Parkway.
Police arrested her husband, Akeem Brown, on April 15 and charged him also with the murder of Proctor.
Police alleged the two conspired to lure Proctor under the cover of darkness to the remote location, where he was shot dead with a .40 caliber pistol.
Tiffany Brown had worked for a time with Proctor at Toucan's in 2017 and the two knew each other previously, friends and family said.
Tiffany Brown was issued a release from the Glynn County Detention Center on the murder charge on her own recognizance on April 27, 2018. Akeem Brown, 34, was released on $190,000 bond from the Glynn County Detention Center in January 2020.
Higgins told The News on Wednesday the case against Akeem Brown weighed heavily on Tiffany Brown's testimony. Higgins said he did not want to risk taking the case to trial without her testimony. A person cannot be tried twice for the same crime.
Higgins said he discussed the decision with Proctor's mother and sister prior to filing the nolle pros motion on Akeem Brown.
"With the evidence being withheld, we thought it was better to dismiss the case rather than go to trial and us not being able to pursue the case again," Higgins said. "That decision was made after conferring with C.J.'s mother and sister and only after being granted their permission to do so. If circumstances change, and additional information becomes available, we can re-indict the case and prosecute again."
Higgins said the investigation is ongoing.