JACKSONVILLE, Fla. – The man convicted once of shooting and killing Kalil McCoy in 2011 had his motion to throw out his confession before his retrial denied.
Frederick Wade was found guilty of second-degree murder in the shooting death of his 20-year-old former Jackson High School classmate. He was sentenced to 25 years to life, but that conviction was overturned by the 1st District Court of Appeals, which cited faulty jury instructions in his first trial.
Wade is scheduled for another pretrial hearing Aug. 10.
His retrial, which has been delayed several times, is set for November.
Wade's attorneys argued the Jacksonville Sheriff's Office didn’t follow the rules when officers were looking into Wade’s involvement in the shooting.
They said Wade declared his right to a lawyer while being questioned by JSO following the 2011 shooting but that detectives kept asking him questions.
Wade’s attorney said his aunt was also used by police to get more information from Wade about what happened on the night McCoy was killed.
But the prosecution argued Wade’s aunt was not acting on law enforcement’s behalf when she questioned him.
It’s been five years since McCoy’s death. According to police, Wade and three friends were with McCoy in Wade's SUV when there was an argument. Wade was accused of pulling out a handgun and pointing it in her direction. Wade claimed that as he was pulling the gun out, it discharged, hitting McCoy in the head.
Prosecutors said the four men dumped McCoy's body in a field. The other three in the car pleaded guilty to accessory after the fact and were sentenced to prison.