Prosecutor: Grand jury can still indict murder suspect Prichard, whose case was dismissed because a detective missed a court date

Mobile County District Attorney Keith Blackwood said there are still opportunities to prosecute the Prichard murder suspect, but his case was dropped because an investigating officer failed to appear for a preliminary hearing.

Blackwood said that although Mobile County District Court Judge Spiro Cheriogotis dismissed the murder case on Tuesday, the case could be sent to a grand jury for possible indictment against Kendarius Welch.

“There have been many instances over the years where a judge has not found probable cause or has dismissed a case at the preliminary hearing level. That's why we call it a preliminary hearing, because it's preliminary. That doesn't prevent a grand jury from hearing the same and additional evidence and then making its own decision on whether to file charges,” he said, according to WPMI.

Welch's preliminary hearing lasted several days.

Jason Hadaway, a Prichard police detective and witness in the case, appeared on one of the hearing days but did not show up for Tuesday's session, according to Mobile County District Judge Spiro Cheriogotis' order dismissing the case.

“The defendant appeared in court from jail for a preliminary hearing with attorney Jerome Carter. Detective Jason Hadaway was not in court. The case was dismissed on the motion of the defendant…” Cheriogotis wrote in his order.

Blackwood said five preliminary hearings had been scheduled in the case, causing confusion.

Meanwhile, Welch, 28, remains in the Mobile County Metro Jail, where he is being held by the state Department of Corrections, jail records show. Welch was also charged with four counts of probation violation at the time of his arrest.