Man accused of murder in Upper Arlington released from jail, charges may soon be dropped

Jeffery Lamar Smith was released from jail late Wednesday night. His attorney says charges may soon be dropped. (WSYX/WTTE)

The man accused of killing an Upper Arlington restaurant employee might have the homicide charges dropped against him soon, according to his attorney.

Jeffery Lamar Smith, 52, was released from the Franklin County Jail on Wednesday under his own recognizance on the same day he was given a $1.5 million bond. His attorney, Joe Landusky, claimed it was a case of mistaken identity after surveillance possibly recorded Smith on camera in another part of town during the time of the murder. The case has not been officially dismissed yet, but Sandusky says it looks like it's heading in that direction.

"Based on information received after his court appearance this morning, the prosecutor's office requested that Jeffery Smith be released from custody on a bond while further investigation is done. Charges currently remain pending and were not dismissed but he was released from jail," Franklin County Prosecutor said in a statement.

Smith surrendered to Columbus Police on Tuesday evening after a warrant was issued for his arrest for the death of 31-year-old Charles “Chuck “McCoy, of Columbus, who was fatally stabbed outside the China Dynasty in the Shops on Lane shopping center.

After being released, Smith's sister thanked officers for listening to her brother.

"I have faith so I knew eventually the truth would come out, but it was just a matter of time," Precious Smith told reporters late Wednesday night.

Smith himself maintained his innocence

"I don't know why they picked me, but I'm innocent," he said. "This is just horrible."

Smith's attorney thanked UA police for their due diligence.

ABC 6/FOX 28 is working to get more details in this developing story.

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