Murder charges against former Canadian Football League player dropped
It's been nearly 3 months since James Curry was booked into the Madera County jail.
Prosecutors say the former Canadian Football League player severely beat his 16 year old son and then murdered his girlfriend, Jennifer Flores, to keep her from testifying against him. But Curry's family and friends have always believed he is innocent.
Tom Dubose, friend of James Curry, says "James knew he'd be released, we knew he'd be released, but we just had to keep him strong, and we had to keep him sane."
Tom Dubose has known Curry for more than 20 years, and has visited him in jail. He says the 49 year old is a disciplinarian, but not a killer. "He wouldn't hurt a flea. He's a big intimidating athlete, and I think that probably gave him the perception of, but I know his heart" says Dubose.
Monday the murder charges were dropped when a judge ruled that the defense established an alibi for Curry at the time of Flores's death.
His attorney, Dan Harralson says he used surveillance video from the Tachi Palace Hotel and Casino in Lemoore to show that Curry was there during the time a witness claimed to have heard gunshots coming from the couple's Chowchilla home.
Harralson says Flores committed suicide, but her family disagrees. Marisa Garcia, victim's sister, says "when they said it was a possible suicide, we knew that she wouldn't have did that because she loved her kids so much that she wouldn't have left them behind, she wouldn't have."
Prosecutors tell Action News they plan to continue their investigation and may re-file the charges. In the meantime, Curry will be heading home and looking to make up for lost time.
"He hasn't had a chance to mourn, he hasn't had a chance to hug his family, hug his kids, and he was incarcerated the next day. So it's a tough deal, but we're excited, James is excited, and it's going to be a party" says Dubose.
The child endangerment charges against Curry were not dropped. He will be back in court next month for an arraignment.
Prosecutors say the former Canadian Football League player severely beat his 16 year old son and then murdered his girlfriend, Jennifer Flores, to keep her from testifying against him. But Curry's family and friends have always believed he is innocent.
Tom Dubose, friend of James Curry, says "James knew he'd be released, we knew he'd be released, but we just had to keep him strong, and we had to keep him sane."
Tom Dubose has known Curry for more than 20 years, and has visited him in jail. He says the 49 year old is a disciplinarian, but not a killer. "He wouldn't hurt a flea. He's a big intimidating athlete, and I think that probably gave him the perception of, but I know his heart" says Dubose.
Monday the murder charges were dropped when a judge ruled that the defense established an alibi for Curry at the time of Flores's death.
His attorney, Dan Harralson says he used surveillance video from the Tachi Palace Hotel and Casino in Lemoore to show that Curry was there during the time a witness claimed to have heard gunshots coming from the couple's Chowchilla home.
Harralson says Flores committed suicide, but her family disagrees. Marisa Garcia, victim's sister, says "when they said it was a possible suicide, we knew that she wouldn't have did that because she loved her kids so much that she wouldn't have left them behind, she wouldn't have."
Prosecutors tell Action News they plan to continue their investigation and may re-file the charges. In the meantime, Curry will be heading home and looking to make up for lost time.
"He hasn't had a chance to mourn, he hasn't had a chance to hug his family, hug his kids, and he was incarcerated the next day. So it's a tough deal, but we're excited, James is excited, and it's going to be a party" says Dubose.
The child endangerment charges against Curry were not dropped. He will be back in court next month for an arraignment.
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