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1st man freed in Pa. officer shooting
By westport-news.com
Published: 04/11/2011

CLAIRTON, Pa. (AP) — The first man arrested in the shooting last week of a Pittsburgh-area police officer has been freed from jail, and another man already in custody has been charged with attempted homicide and other charges, authorities announced Monday.

Myles Hutchinson, 21, of McKeesport, was freed from jail Saturday. On Monday, Allegheny County police announced the charges against him will be dropped in the April 4 home invasion and shooting of Clairton police Officer James Kuzak, who was critically wounded responding to the call.

"After consultation with the District Attorney's office we feel we cannot proceed with a prosecution of Myles Hutchinson with the evidence currently available. That case will be withdrawn while the investigation continues," police said in a statement Monday.

In the same statement, police announced they have filed the same charges against Travis Evans, 19, of Wilkinsburg.

Police did not immediately say how they linked Evans to the incident, and The Associated Press could not immediately obtain a criminal complaint against him. Online court records do not list an attorney for him on the new charges.

Police said the victims of the home invasion — a man, woman and two young children not identified in court papers — had identified Hutchinson from police mug shots. Police didn't say specifically why they believed that identification was no longer sufficient. But Hutchinson's attorney, Fred Rabner, said repeatedly that his client was somewhere else when the home invasion was reported about 10:45 p.m. last Monday.

"He had absolutely nothing to do with it. He was misidentified," Rabner said, thanking detectives for continuing to investigate "instead of sticking to a puzzle piece that doesn't fit."

Kuzak, 39, remains hospitalized, and officials have said he may end up paralyzed.

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