Charles Gregory Gate City homicide.jpg

A capital murder charge against 24-year-old Charles Gregory was dismissed in September 2014 after witnesses would not cooperate. (File photos)

BIRMINGHAM, Alabama - A capital murder charge has been dismissed against a man arrested in a 2013 slaying in Gate City after one witness recanted, another could not be found and others would not cooperate with prosecutors.

Charles Gregory, 24, was charged in the death of 23-year-old Antawon Cowans, of Birmingham. His trial was set to begin Monday in Jefferson County, but instead Circuit Judge Tommy Nail dismissed the charge at the prosecution's request.

Attempts to reach Gregory's attorney for comment were not successful.

On Sept. 9, Deputy District Attorney Shawn Allen filed a motion to dismiss without prejudice the charge against Gregory. Nail granted the motion.

"After sitting down with the victim's family and the detective, we made the determination that we could not go to trial with the evidence we currently have," Allen said.

Dismissing a case "without prejudice" leaves open the possibility of charges being filed again. If new witnesses come forward or more evidence is uncovered, the case could be reopened in the future.

"At some point the people in our community will have to decide what is more important - standing up and doing what is right or continuing the code of silence and looking the other way," Allen said.

The prosecution no longer had enough evidence to proceed with the case because one witness who identified Gregory as the shooter recanted. Birmingham police officers have continued searching but have not found the second person who witnessed the shooting, Allen said.

Other witnesses refused to cooperate, according to the motion.

The shooting happened around 3 p.m. March 4, 2013, in the 7500 block of 64th Courtway South in Gate City.

The shooting occurred near the intersection of Joppa Avenue and Georgia Road. After he was shot, Cowans drove his vehicle down Joppa Avenue, crashing into a power pole.

"Like so many of our cases this murder happened right out in the open and in broad daylight, yet we only had a couple witnesses come forward," Allen said.

East Precinct officers were investigating a report of a person shot when they found Cowans sitting inside his wrecked vehicle. Birmingham Fire and Rescue took Cowans to UAB Hospital, where he was pronounced dead shortly after his arrival.