Brown said he expected a final determination on Robinson’s status “within the next two weeks.”

An affidavit filed last year states that Robinson reported that he stopped at the motel after he saw Swatosh and another man point a gun at his vehicle as Robinson was driving on Admiral Boulevard.

However, that same affidavit states that surveillance video shows Robinson on a second-floor “hallway” on the exterior of the motel before the shooting and then at a pharmacy across the street.

Swatosh, according to the affidavit, had been seen at the motel before the shooting with a gun tucked into the front of his pants, and a woman who had been staying there with Swatosh and another man said the two men had been playing with air-propellant guns that day.

Witnesses told investigators they had seen a dark Mercedes — Robinson was driving a dark Mercedes that day, according to the affidavit — driving around the area of the motel in the hours before the shooting.

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