Murder charges in 2015 killing in Olde Towne Portsmouth dismissed
Charges accusing a Suffolk man of fatally shooting one man and injuring another outside a popular Old Towne Portsmouth restaurant in 2015 were dismissed this week at the request of prosecutors.
Kennyon Harris, 49, was set to begin trial Monday on charges of first-degree murder, malicious wounding and illegal use of a firearm when Portsmouth Deputy Commonwealth’s Attorney Chris Warman asked the judge to dismiss all counts, said Harris’ attorney Andrew Sacks.
Circuit Judge Kenneth Melvin agreed to dismiss them without prejudice, meaning prosecutors can eventually seek to have Harris recharged in the case, Sacks said. The decision was first reported by WTKR.
Harris — who spent more than six years in jail waiting to go to trial — was released shortly after Monday’s court hearing, Sacks said.
Warman told the judge one reason he was seeking the dismissal was because his office had begun to question the credibility and truthfulness of a crucial witness who claimed to see Harris shoot the victims, Sacks said.
“I think the commonwealth should be commended in this case for doing the right thing,” the defense lawyer said. “It took a while, but fortunately, the right thing happened.”
A spokeswoman for the Portsmouth Commonwealth’s Attorney’s Office declined to discuss the reasons prosecutors sought the dismissal, instead suggesting The Pilot seek to obtain a transcript of Monday’s proceedings in which Warman explained the rationale to the judge.
The shooting happened Nov. 26, 2015, outside Roger Brown’s Restaurant and Sports Bar on High Street, where a large crowd had gathered for a “getting out of jail” party, Sacks said.
Terrance Hoggard Jr., 23, was shot multiple times outside the restaurant and pronounced dead after being taken to a hospital. A second man was shot but survived.
Harris was developed as a suspect a few weeks later but wasn’t arrested until March 2016 when he arrived on a flight to Norfolk International Airport.
Harris has maintained his innocence all along, Sacks said. The murder weapon was never found, but some of the shell casings recovered at the scene were later linked to a gun belonging to another man, he said.
Sacks said Harris’ trial was repeatedly postponed over the years, mostly due to the pandemic.
“We had a number of bond hearings,” Sacks said. “We made efforts over the years (to get Harris out of jail), but we could never get a bond set.”
Jane Harper, jane.harper@pilotonline.com
