PORTSMOUTH, Va. (WAVY) — After the murder case against one of two brothers charged with killing Joshua Sykes, 26, was dismissed this week, his family members are holding Commonwealth’s Attorney Stephanie Morales personally responsible.

“I would like to see her recalled and dismissed from her position,” Kenneth Gainey said. He’s Sykes’ uncle and joined several other family members Friday morning in a protest outside the courthouse.

Initially, two brothers were charged with killing Sykes in September, 2017 – Alexander and Zebulon Weinschel. Attorneys for Alexander succeeded Monday in getting his case thrown out on grounds that his right to a speedy trial was violated.

Gainey said the dismissal of Alexander’s case was just the latest major misstep by Morales and her prosecutors. As we have documented, other recent felony cases were thrown out because of procedural errors and what one judge even called “gross negligence”.

“Their office has dropped the ball,” Gainey said. “She has did a horrible job by letting felony cases being dismissed. She’s in charge of that office. She’s responsible.”

This statement came to WAVY Friday afternoon. The public information officer for the Commonwealth’s Attorney’s emphasized that it came from the office of Stephanie Morales and not Morales herself:

“Pursuant to office policy rooted in state law, no cases are to be set outside of the time allotted within Virginia law without an agreement with defense counsel that the time will not be charged to the Commonwealth. All office attorneys are required to follow protocol including having command of the standing of cases preceding their assignment, working with defense counsel to ensure orders are endorsed and entered and effective communication with families. In any circumstance where attorneys do not follow directives resulting in abnormalities, offending parties are held accountable. This office has now sought all available information regarding the initial setting of this case. This office has been in communication with the impacted family and has met in person for continued discussion on standing of this matter and for accountability. The prosecutors now assigned to this case will pursue all available remedies under the law.”

Prosecutors cited the pandemic as one of the reasons they were unable to bring Alexander to trial within the legal time limit, but the pandemic didn’t take hold until years after Sykes was killed — September 2017 — and Alexander was arrested — February 2018.

“You should be prepared,” Gainey said. “You can’t use the pandemic. That’s not an excuse.”

Zebulon has been charged three times now with the same offense of first-degree murder in the death of Sykes. The first case ended with the charges set aside, the second case resulted in a mistrial. Further details on what happened in those two cases were not available from court documents, and Morales’ office did not respond to a request for that information.

Alexander was the only witness in what was allegedly a drug deal gone bad at Sykes’ residence on Wilcox Avenue. In earlier court proceedings, he testified that “he heard a shot, exited out of the room and saw his brother (Zebulon) holding the gun. He said his brother told him if you don’t get the safe and keep your mouth shut, you’re gonna be next,” according to Gainey, referring to a safe the brothers were charged with stealing from Sykes after he was shot.

If Alexander refuses to give further testimony against his brother Zebulon, the Commonwealth can reintroduce any previous testimony that was both sworn and subject to cross-examination at the time it was given.

Ayanna Rogers, mother of Joshua Sykes, said she hopes Morales is listening as she and other family members held signs and chanted their demands for justice.

“My first born,” Rogers said. “That’s my baby. Basically, his life was taken away from me and my family. I love my son.”