Men accused of killing 5-year-old Andrew Faust freed
SERIES: Who Killed Andrew?
After eight months of imprisonment, the two men arrested for the shooting of 5-year-old Andrew Faust Jr., were released from jail Tuesday.
Family members of Terrance Irons and Thomas D. Edison hugged each other and threw their hands in the air in celebration.
Tears of relief streamed down one woman's face as she hugged attorney Joe Viacava, who represented Irons.
Lee County Judge Joseph Fuller ordered Edison, 34, and 32-year-old Irons be released on their own recognizance after a failed deposition with the sole witness in the trial.
"The state does have an ongoing objection to Edison and Irons being released, but the state has no legal argument," said Samantha Syoen, spokeswoman for the state attorney's office.
The two men were released from Lee County Jail shortly before 6:30 p.m. Tuesday evening to the glare of news cameras. They dodged reporters and referred questions to lawyers.
Irons and Edison are set for a hearing on July 22, but Viacava, attorney for Irons, said he expects the second-degree murder charges to be dropped.
"The state can do what they want to do to prosecute it, but we didn't want my client to sit in jail," Viacava said.
Tracey Redd, who represents Edison, told the court it was a "very unsuccessful deposition" of Cashae Smith, the witness who named Edison and Irons as the shooters whose bullets struck the Cuba Street home where Andrew lived.
According to Irons and Edison's lawyers, Smith, 19, could not remember or identify the men who shot out of a car window at the home.
"She just had no recollection whatsoever," Redd said.
The state, according to Redd, provided Smith with audio of her original statement and still Smith said she could not remember anything.
Smith's deposition came after months of absences from court that led Judge Fuller to order the Fort Myers teen arrested.
She attended that court hearing with attorney, Rene Suarez, in tow.
Suarez told reporters "there was an incident" in which Smith dealt with physical threats.
However, Redd said Smith "adamantly denied any threats."
Betrayal
Toyetta Simpson, Andrew's mother, said she was given advanced warning of the situation last week.
She was shocked then, but today she feels betrayal.
"To me," Simpson said, " It's like I'm more mad at her than them.
"I don't know them at all, but this is somebody that was at my house on a daily basis," Simpson said of Smith. "I can't believe it."
The initial arrest of Edison and Irons occurred two weeks after the Oct. 13 killing of Andrew. The Fort Myers Police Department lauded Smith's decision to provide information. She was an anonymous witness at the time.
"Our hope is this strong message sent out with these major arrests resonate with the community who will come together and make it so evil has nowhere to hide in the city of Fort Myers," Fort Myers police Chief Doug Baker said when the two were arrested.
Fort Myers police Lt. Victor Medico declined to comment Tuesday after Irons and Edison were released. He referred questions to the state attorney's office. Syoen said she could not answer questions because the case is still open.
Simpson hoped her son's death and the arrest of Irons and Edison would be the catalyst for change in Fort Myers.
"I honestly thought this would have been a step for the community and that's not what happened," Simpson said. "You're going to hear the same old story next week."
Another senseless death without anyone coming forward, she said.
"What hurts me the most is I wanted to figure out what I could do to be a part of that change," Simpson said.
Simpson said despite the release of Edison and Irons, she's been able to achieve closure on Andrew's death.
"To be honest with you, the main thing as a mother that crosses my mind is I wish this never happened," she said. "At the end of the day, it still doesn't change what happened."
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