Former Dinwiddie deputy's murder charge set aside
DINWIDDIE, VA (WWBT) - Terrell Coles appeared in a Dinwiddie courtroom Tuesday weeks after a grand jury determined there isn't sufficient evidence to try the former deputy for murder.
A judge agreed not to prosecute Coles, initially charged with murdering his brother at his home in the 15700 block of Allen Drive on Aug. 21. Investigators are now saying Coles acted in self-defense.
"I'm alright my man," Coles said leaving the courtroom Tuesday.
The 24-year-old respectfully declined to comment further after a judge declared him a free man. He was a deputy for Dinwiddie until he shot and killed his brother Brandon Coles.
State Police arrested the deputy, charging him with 2nd degree murder.
"I don't think it's just to go after someone when they've got a defense, and this is one that almost immediately we realize it's signs of self-defense," said prosecutor Ann Cabell Baskervill.
Baskervill points to the evidence uncovered after the arrest. She says the brothers had just left a barbecue when Brandon became intoxicated and went to the deputy's home, grabbing his brother's service gun in front of his fiancée and newborn baby.
"He told his brother to put it down and his brother didn't. Usually when they've had altercations before, his brother would put it down, so when his brother didn't, he goes and gets his personal weapon," she explained.
Prosecutors say fearing for his life, Coles killed his brother with one gunshot. The then deputy called 911 and even performed CPR on his brother, yelling "stay with me" and "hang on".
"Is this a case where you sought a murder charge and the grand jury said 'this is not murder'?" NBC 12 asked.
"No. This is a case where I sought advice from the grand jury…I had my own doubts," Baskervill added.
The grand jury did too and recommended Coles should not be prosecuted. Tuesday, the Dinwiddie Sheriff called Coles a fine deputy who worked his way up from being a dispatcher.
Although he was dismissed from his job following the arrest, he will have the opportunity to apply to be reinstated if he chooses.
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