Atmore Capital Murder Suspect Released From Jail After Waiting Six Years For Trial

January 9, 2024

An Atmore capital murder suspect has been released from jail after waiting six years for trial.

Yeldon Rostchild was indicted for capital murder in July 2017 and was set to go to trial this week after waiting over six years for his court date. But instead, he was set free from jail on January 3.

“The capital murder case no longer exists,” appointed defense attorney Christine Hernandez told our news partners at WPMI.

According to the NorthEscamia.com archives, Donta Demorris Russell of 176 Patterson Street in Atmore was found dead after the Escambia County (AL) Sheriff’s Office responded to a report of  shots fired at 1980 Martin Luther King, Jr. Drive Atmore in April 2017.

Rostchild was developed as a suspect and indicted in July 2017.

“It’s not a matter of evidence from the state. This is a matter of it didn’t exist. This man’s been in jail for six years. It didn’t exist? Yet, it’s all in narratives and police officer’s written notes, but it doesn’t exist? We’re talking audio statements, finger prints, we’re talking reports, cell phones. They said they had search warrants. There’s no search warrants. They say they have Facebook, they didn’t have any of that,” said Hernandez.

Hernandez raised evidentiary issues with the court and asked the judge to dismiss the case.

“We amended the capital murder charge by agreement to an obstruction of justice charge. Anytime a case is this old the evidence tends to weaken and that was the case here. We settled on time served…”

In an email, District Attorney Stephen Billy told WPMI, “We amended the capital murder charge by agreement to an obstruction of justice charge. Anytime a case is this old the evidence tends to weaken and that was the case here. We settled on time served…”

A trial date has not been set for Rostchild’s co-defendant Darrel Brown.

Comments

9 Responses to “Atmore Capital Murder Suspect Released From Jail After Waiting Six Years For Trial”

  1. SueB on January 10th, 2024 1:52 pm

    We all know what this individual is planning to do next, including the Justice System.

  2. Realistic on January 10th, 2024 10:33 am

    If anyone would do the research, you would see that the defendants attorney is the one who continued the case for over 6 years. He finally got a new attorney who pushed forward.

  3. SW on January 10th, 2024 9:28 am

    Wow!

    Incompetence to the highest degree.

    Indicted. Jailed. No evidence? No trial?

    Where are we? In the Soviet Union?

    Is the punishment in the process? It sure looks like it. Seems to be a trend.

  4. Pensacola Pete on January 10th, 2024 8:40 am

    “We settled on time served”

    Folks let’s not overlook the fact that this man has not been convicted but still served 6 years in jail. The state has dealt out punishment based solely on an accusation. What if this was your or your child?

  5. What? on January 9th, 2024 5:18 pm

    The DA and his ilk should be investigated for Constitutional and civil rights violations. Apparently, the Atmore DA thinks the Sixth Amendment doesn’t apply to him.

  6. ferek on January 9th, 2024 3:25 pm

    Many times murder cases are solved years later. There is no excuse to set this murder free! Why are State Attorneys afraid to go to trial? This happens more often than not! This is why criminals plea to lesser offenses and roam our streets just waiting for their next victim!

  7. Me on January 9th, 2024 2:52 pm

    How about an obstruction of justice charge against the DA for keeping this man in jail where there was no evidence and no search warrants? If they don’t do their job correctly, innocent people are kept in jail and guilty one’s are set free. SOMEONE needs to be punished for this.

  8. TB on January 9th, 2024 12:33 pm

    The family of the next murder victim should sue the heck out of the justice department.

  9. Anna on January 9th, 2024 12:05 pm

    Way to go DA Billy while you had that witch-hunt for the news reporter wasting time, you should have been doing your job, young man sat in COUNTY jail for 6 years he is set free and still no justice for the family of the young man that was killed!