Shooting charges dismissed against black man after video shows white man's hand on gun

DETROIT (FOX 2) - The man suspected of shooting and nearly killing two employees at a Detroit appliance store has had all charges dropped after surveillance video shows what looks like a white man's hand on the gun.

Javon Dabney had been charged with several crimes in the December shooting: armed robbery, conspiracy to commit assault with intent to murder, three counts of assault with intent to murder, three counts of assault with intent to commit great bodily harm.

Investigators said Dabney shot the owner and an employee at Sammy's Appliances because he was angry over a broken stove.

The video, however, showed enough for the judge to dismiss the case. Dabney is a black man but video shows what looks like a white man's hand on the gun.

"'They didn't have enough substantial evidence, no have phone records or nothing like that," said Elijah Darby, who survived the shooting.

The phone records are important because it would have shown conspiracy. Darby said he didn't understand how they couldn't tie Dabney to the shooting.

"He made the threats then 30 minutes (later) that happened. They should have put two and two together," he said.

Investigators had theorized that Dabney mad the threats and then came back. They also considered that he hired someone to do the shooting. Because of the video showing a white hand and the lack of phone records, the case was dismissed.

Elijah and his boss are both back at Sammy's but neither have much confidence the case will be solved. Elijah avoided death by just inches.

"The doctor said if it was an inch deeper it would have been in my skull."

It's too soon to know if investigators will pursue charges against anyone else for this double shooting.