CHARLOTTE, N.C.,None — Prosecutors in Charlotte are appealing a judge's decision to throw out a jury's guilty verdict in a breaking and entering case.
A jury convicted Kenny Bowden last week of breaking into a house in north Charlotte two years ago.
On Monday, Judge Eric Levinson overturned that verdict, saying he was concerned by the lack of evidence in the case.
Levinson's decision angered some people, including Officer Mike Warren, who helped arrest Bowden after the break-in.
"The police did their job, the D.A.'s office did their job, the courts and the jury did their job, and then the judge let the system down," Warren said. "I'd never heard of that in 30 years of being a police officer in Charlotte -- where a judge could overturn a jury."
Longtime public defender Dean Loven, who was not involved in the case, said the law allows judges to throw out cases before they to go a jury and, in rare cases, after a jury hands down a verdict.
"The system is not perfect, and it may be frustrating," Loven said. "It's not the most efficient, but it's an effort for the judge to take a second look at something, to do his homework."
Channel 9 contacted Levinson, who released the following statement:
"While I would like to comment on this case, I cannot do so because the case is still pending. However, I can say the following: In all cases, the court has an obligation to ensure the evidence is sufficient to incarcerate an individual. While the court has the discretion to dismiss charges during the course of all trials, it also has the authority - in rare and appropriate cases - to do so at other times. It is always the court's obligation to ensure that, as a matter of law, the evidence of wrongdoing is sufficient before ordering a term of incarceration."
WSOC
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