Sign in Subscribe
Murder

Judge Dismisses Charges Against One of Two Men Accused in Tastykake Delivery Driver Shooting

Strategic Insights

— 1 min read

A Philadelphia Municipal Court judge has dismissed charges against Philip Smith, 33, one of two men accused in the March shooting and robbery of a Tastykake delivery driver. The case, which involved a high-profile shooting that left the driver critically wounded, was dismissed after Smith's attorney argued that Smith did not match the physical description provided by the victim, Kyle Winkfield.

Smith was accused, along with his nephew Carlos Petty, 16, of attempted murder, robbery, and weapons offenses in the March 16 attack. However, in a preliminary hearing, Judge Marsha Neifield threw out charges against Smith, citing the discrepancy in physical descriptions. Meanwhile, Petty was held for trial after his lawyer argued that he posed no flight risk.

Key Takeaways:

  • The judge dismissed charges against Philip Smith, 33, one of two men accused in the March shooting and robbery of a Tastykake delivery driver.
  • The dismissal was based on the argument that Smith did not match the physical description provided by the victim, Kyle Winkfield.
  • Smith was accused of attempted murder, robbery, and weapons offenses, along with his nephew Carlos Petty, 16.
  • Petty was held for trial after his lawyer argued that he posed no flight risk.
  • Smith's relatives hailed the dismissal of charges against him, while Petty's family denied his involvement in the attack.
  • Assistant District Attorney Leon D. Goodman expressed disappointment with the dismissal of the case against Smith.

Statistics:

  • The victim, Kyle Winkfield, was shot in the chest and critically wounded.
  • Smith's wallet was stolen during the attack.
  • Petty's bail was set at $1 million, which was later reduced by the judge.
  • The hearing took place in the Municipal Court of Philadelphia.

Sources:

  • "Judge dismisses charges against 1 of 2 men accused in Tastykake delivery driver shooting," by Vernon Clark, The Philadelphia Inquirer, May 23, 2006.
  • "Tastykake Driver Shot in West Philly," by Samantha Schmidt, Philly.com, March 17, 2006.

Read more