Shaheim Carr
Shaheim Carr

Jurors on Wednesday acquitted a York City man who'd been accused of committing a drive-by shooting a year ago.

Shaheim Carr, 18, of West Princess Street, was found not guilty of attempted homicide, aggravated assault and related offenses.

He was 17 years old at the time of the Feb. 21, 2012, incident, but was charged as an adult.

"There wasn't sufficient evidence (to convict)," defense attorney Tom Gregory said. "There just wasn't."

Carr had been accused of shooting Andrew Rhoades, 20, of York City, about 11 a.m. Feb. 21, 2011, at the corner of South West Street and Newton Avenue.

The gunfire temporarily sent nearby Lincoln Charter School into lockdown. The shooting was caught on surveillance video that's part of the city's ShotSpotter gunshot detection system.

Rhoades survived a gunshot wound to his upper torso and another to his groin area, York City Police said.

Gregory said Carr didn't shoot Rhoades, and said Rhoades' own inconsistent statements to police hampered the prosecution's case.

"The day of the shooting, Andrew Rhoades said he didn't see who did it," the attorney said. "The next day at the hospital, he told police he never looked into the car."

It wasn't until a month later that Rhoades told officers he'd seen his shooter and it was Carr, according to Gregory.

"The truth is, (Rhoades) never looked into the car," he said, and the ShotSpotter video doesn't show Rhoades looking into the car.

Senior deputy prosecutor Seth Bortner said he took the case to trial because he believes Carr was the shooter. But he knew the case wasn't clear-cut.

"The victim in this case -- really our sole witness to put the defendant at the scene -- wasn't cooperative," Bortner said. "And once he was cooperative more than a month later, his statements weren't always consistent."

It took jurors less than three hours to acquit Carr of all charges, Gregory said. Carr was released from prison on Wednesday night.

"He was very, very happy to be getting out," the attorney said. "He'd been in jail for over six months."

A second man remains charged in the case with attempted homicide and related offenses. Police said he accompanied the shooter to the area.

Trae Hernandez Gonzalez, 21, of 207 Jefferson Ave., is in York County Prison.

-- Staff writer Liz Evans Scolforo can also be reached at levans@yorkdispatch.com.