Indictment charging Attica inmate with other inmate's murder dismissed

ATTICA, N.Y. (WIVB) -- The indictment charging an Attica Correctional Facility inmate with murder has been dismissed.

Rodney Calloway, another inmate, was fatally stabbed at the jail in May of 2015. This happened during a recreational period.

"Although Mr. Calloway was a convicted felon serving time, he did not deserve the death sentence imposed upon him," Wyoming County District Attorney Donald O'Geen said.

The next year, in March, Bruce Battle, 33, Devin Gray, 22, and Shawn Avery, 35, were indicted on murder and conspiracy charges.

"There were approximately 200 inmates in A Yard at the time of this homicide. Of those inmates in "A" Yard, only a few claimed to have seen the homicide. The overwhelming majority of inmates refused to cooperate from the beginning," O'Geen said.

In September, Gray pleaded to manslaughter, while Avery admitted to attempted manslaughter. Gray received a ten-year prison sentence, and Avery was given eight years as his sentence.

On Tuesday, the indictment charging Battle with murder, conspiracy and promoting prison contraband was dismissed upon a trial order of dismissal.

This occurred after purported inmate eyewitnesses either refused to answer questions or recanted their previous testimonies, the District Attorney's office says.

O'Geen said "This homicide occurred prior to video camera's being installed in the Yards at Attica Correctional Facility.  If video had been in Attica Yard at the time of the incident, we would not have had to rely solely on the testimony of inmate witnesses in the case against Mr. Battle."

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