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Pike County Prosecuting Attorney Mark Fisher has dropped shooting and weapons charges against the Weatherby brothers in the alleged Louisiana incident in which a juvenile was grazed in the arm by a bullet on March 11.
However, Fisher said Friday, May 30 the charges are “subject to be refiled” pending further investigation of the case. Fisher said he had insufficient evidence to proceed at a preliminary hearing with Judge David Ash on Wednesday, May 28.
After speaking with two different police officers and two witnesses prior to the hearing “I didn’t have all the information I needed,” Fisher said. “It was not fair to all those involved to proceed to ask for a continuance. I made the decision subject to refiling.”
Aaron Weatherby, 18, of Vandalia, was out on a $5,000 bail pending the hearing.
Brother Bradley Weatherby, 21, of Frankford, was on parole for a 2011 Audrain County conviction for unlawful use of a weapon and domestic assault when he was arrested shortly after the shooting incident.
He was returned to the Missouri prison system on March 21 for allegedly violating his parole.
He remains at the Fulton Reception and Diagnostic Center pending a case review, according to corrections department spokesman David Owen.
The state parole board “has not rendered a decision on parole revocation or release,” Owen said.
Bradley Weatherby was also convicted of assault in 2009 after pleading guilty to a Bowling Green incident. His five-year probation term was revoked after the Audrain County conviction.
The brothers were charged together after a car load of teens was shot at several times as it drove by a home the Weatherbys were in at Fifth and Washington streets in Louisiana.
The incident caused Louisiana Police, the Missouri State Highway Patrol and the Pike County Sheriff’s Office to cordon off the block after reports of shots fired came into authorities.
The brothers were formally charged with shooting a firearm at a vehicle. They were also charged with tampering with evidence for Bradley Weatherby allegedly telling his brother to dispose of the firearm.
Aaron Weatherby allegedly did so on Hwy. P outside Vandalia and the gun was recovered by authorities shortly thereafter, according to court documents.