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[ Wednesday, April 25, 2007 ]

Shooting suspect released

Collegian Staff Writer

After spending seven days in jail, a Brooklyn man was released Saturday when police said a witness changed her story that he shot a State College woman in the face.

Kenneth Harrell, 18, of Brooklyn, N.Y., was taken into custody April 14 in Blair County on charges of attempted murder for allegedly shooting 24-year-old Theresa Anzivino in the face at her Toftrees Avenue residence Feb. 7.

Patton Township police originally said Harrell and another man forced their way into Anzivino's apartment and stole heroin after shooting Anzivino. Patrick Klena, Harrell's defense attorney, said commonwealth witness Jessica Cartwright retracted her identification of Harrell as the shooter at a pre-trial hearing last week, saying Harrell had no involvement in any aspect of the crime.

Cartwright had told police Anzivino had contacted her about selling the heroin to raise money to post her boyfriend's bail. Cartwright originally told police she accompanied Harrell and Enrique Rodriguez, 18, of Brooklyn, to Anvizino's residence, but waited outside while they entered the apartment. Meanwhile, charges are still pending against Rodriguez and a warrant has now been filed for Damien Webster, 25, of Altoona, a new suspect who Klena said was identified by Cartwright.

"We've been getting some information that has led us to Webster as being involved in the shooting," Police Chief John Petrick said.

Klena said Cartwright told police she falsely accused Harrell because she feared for her safety if she named the real shooter. He said he believes Cartwright named Harrell because he was someone that she didn't fear.

"Essentially, he was an easy scapegoat for her," Klena said. " ... my client spent seven days in jail for something that he had no involvement in."

Klena said Harrell, who knows both Rodriguez and Webster, sat down with police to talk about the two suspects, but Harrell has no direct knowledge that they were actually present at Anzivino's residence the night of the shooting.

Klena said Harrell has an alibi for the time of the shooting since he was picking up a friend in Harrisburg at the time.

Petrick defended the decision by police to take Harrell into custody.

"At the time charges were filed, we had probable cause for the arrest," he said.

Petrick said police received information that "directed our investigation away from Mr. Harrell," but declined to comment further on Harrell's release. District Attorney Michael Madeira could not be reached by press time.


 



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