Grand jury: Murder charges against Dinwiddie deputy should not move forward

Published: Sep. 22, 2016 at 7:55 PM EDT|Updated: Sep. 22, 2016 at 9:51 PM EDT

DINWIDDIE, VA (WWBT) - NBC12 is delving deeper into what could happen next for the former Dinwiddie deputy charged with the murder of his own brother.

A grand jury is disagreeing with investigators and believes the charge against Terrell Coles should not move forward, adding that they believe this is "a matter of self-defense."

Richmond recording artist E. Morgan sang at 25-year-old Brandon Coles' funeral. He wanted to encourage a family in mourning.

"He's a hero of the family. Even though something bad has happened you have to keep on keeping on," he said.

24-year-old Terrell Coles, a Dinwiddie Sheriff's Office deputy at the time, stands accused of murdering his brother Brandon. The new father is out of jail on a $5,000 bond. He's also out of a job.

"It just doesn't sit right with me that that's something he did," E. Morgan said.

A grand jury seems to agree with E. Morgan's sentiment.

This month, it could have decided Coles should be tried for murder. Instead, the grand jury said "prosecution efforts against Terrell Coles are not warranted," which is a rare conclusion for a grand jury to reach.

"Where a prosecutor decides to charge a person with a crime and seeks an indictment, then nine times out of ten, a grand jury will indict," NBC12 legal analyst Steve Benjamin explained. "In some rare instances, a grand jury will decline to indict, and that's when they are truly operating as a grand jury, that is, shielding citizens from unjust accusations, but that's very rare."

Dinwiddie's prosecutor declined to comment on the case, which Virginia State Police investigated. So what will happen from here?

"The prosecutor always has the option of going before another grand jury and seeking another indictment," Benjamin said.

E. Morgan is hoping for the charges against Terrell Coles can be dropped altogether.

"We would go to church together. Revivals. Monday through Friday…Days where I wanted to give up or felt bad about myself, he inspired me to be a better person. He helped me," he said.

Coles is due back in Dinwiddie County court in October.

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