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Previous charges against weekend shooting suspect were dropped due to lack of evidence, says Shelby County D.A.

The D.A. said charges Tyshaun Wear faced for a September 2022 shooting and robbery were dismissed because the only victim did not show up to court.

MEMPHIS, Tenn. — The Shelby County District Attorney’s Office said Monday that previous charges a suspect in a weekend shooting and chase had faced for a September 2022 shooting and robbery were dropped because the only victim did not show up to court.

Tyshaun Wear was arraigned Monday, and a public defender was requested for the midday shooting Saturday, March 25, 2023, in East Memphis that led to a high-speed chase. He faces 35 criminal charges, including attempted first-degree murder, aggravated assault, reckless driving, and theft of property.

September 2022 shooting involving DoorDash driver

According to D.A.’s office, Wear had previously been charged with attempted murder and aggravated robbery in a September 2022 shooting involving a DoorDash driver. 

According to the affidavit from the incident, the DoorDash driver was delivering to the 2500 block of Peres Ave. When he walking to his car, the driver told investigators a suspect, later identified as Tyshaun Wear, opened the door and started firing shots at him. According to the affidavit, the DoorDash driver fired back at Wear, who took off in the victim’s 2017 Chevrolet Impala.

According to the affidavit, investigators tracked the Impala down in October 2022, and took Wear into custody. The affidavit said Wear admitted to firing shots at the DoorDash driver and stealing the car under questioning.

D.A. on why September charges were dismissed

Monday, March 27, when asked why those charges were dismissed, Steve Mulroy’s office said the charges were dropped due to lack of evidence because the only victim did not show up to a court hearing on March 3, 2023.

Read the full statement from Mulroy’s office below:

  • “Tyshaun Wear was charged with attempted murder and aggravated robbery from a September 2022 incident where he allegedly stole a delivery driver’s car after shooting at him. Wear appeared in court on those charges on March 3. Unfortunately, the sole victim who was to testify did not show up. As a result, we reluctantly had to drop the charges due to a lack of evidence. Our victim witness coordinators contacted the victim—who was subpoenaed—several times after he did not show up but were unable to reach him.
  • If the victim is the most significant piece of evidence, not having them as part of the testimony can significantly harm the case or lead to the charges being dropped. Our victim witness coordinators make every effort to support victims affected by crime. In this case, our coordinators subpoenaed the victim and reached out numerous times after he declined to testify.”

March 25 shooting and chase in East Memphis

Wear is due back in court March 28th in this latest incident. According to court records, he remains in jail on $150,000 bond.

It all happened about noon on Saturday, March 25, when police said they were called to the Eastgate Shopping Center at Park Avenue and White Station. They said officers were told by witnesses that two vehicles were involved in a shooting, and both had left the scene.

In a police affidavit, investigators said officers asked dispatch to check local hospitals for shooting victims, and a few minutes later, they discovered two victims had just arrived at St. Francis hospital in private cars and were in non-critical condition. Police said a third person was shot at but not injured.

One of the victims told investigators he had found his 2017 Infiniti, which had been stolen, in the Eastgate parking lot, according to the affidavit. He told police that he pulled in front of his vehicle, blocking the front of the car with a 2017 Mercedes E300, and the suspects inside the stolen Infiniti started firing at them. They told investigators the suspects continued firing as they tried to drive away.

Several cars and neighboring businesses were struck by bullets during the shooting.

The affidavit said officers later found the suspect’s car in the area of Vollintine Avenue and Ayers and they tried to take off when officers attempted to stop them. Eventually a car chase turned into a foot chase, and according to the affidavit, Tyshaun Wear was eventually taken into custody.

Investigators said Wear did not have a valid driver's license and had no proof of vehicle insurance, according to the affidavit.

Investigators also said they linked several car break-ins on Saturday to the stolen Infiniti and Wear. According to the affidavit, when officers searched the stolen Infiniti that Wear had been driving, they found items taken in the car break-ins.

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