Case dismissed against Portsmouth murder suspect nearly seven years after the victim died

PORTSMOUTH, Va. (WAVY) — Joshua Sykes was killed nearly seven years ago. In that time, two people were arrested and their trials kept getting delayed — with prosecuting and defense attorneys changing hands multiple times.

In court Monday morning, family members of Sykes heard the judge say the case against one of the murder suspects has been dismissed because it’s taken too long to go to trial.

“They’re letting a murder[er] go free, and like my nephew didn’t mean anything to society, or to this family, and that’s hurtful,” said Kenneth Geiney. Joshua Sykes was his nephew. “He was murdered. That’s all I’m saying. They should have prosecuted somebody for this case.”

10 On Your Side was there in September 2017 when Sykes was found dead at a home along Wilcox Avenue. Soon after, two people were arrested and accused in his murder — brothers Alexander and Zebulon Weinschel. In the courtroom Monday morning, Alexander Weinschel appeared in-person in a wheelchair. His attorney said he was injured in jail over the weekend.

With the amount of times his trial was continued over the past few years, his attorney told the judge, Weinschel’s right to a speedy trial was violated. Commonwealth’s attorneys said the pandemic was partially to blame. The judge sided with the defense, dismissing the case. The many family members of Sykes were devastated.

“They’re really going to let him walk? My nephew deserves more than that, he was loved,” said Irene Morse, Sykes’ aunt. “That boy was a good boy. And he loved his family. Anything happened, he dropped it and he would come and be for the family. This ain’t right.”

“The Commonwealth Attorney dropped the ball,” said Vickey Gainey, Sykes’ aunt. “They know the rules of the game. They know the time limits set on things. The system just let us down.”

As for the other suspect, Zebulon Weinschel was supposed to stand trail last week, but that was withdrawn. There is a hearing set for this Friday to set a new trial.

10 On Your Side has reached out to the Portsmouth Commonwealth’s Attorney’s Office and have been told we will be sent a statement some time soon. We will update this story when they send it.

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