The attorney for an Athens father cleared of murder Wednesday in Limestone County said a lack of evidence and the prosecution’s key witness may have been what prevented jurors from convicting his client.

Attorney Lucas Beaty said a 12-man jury found Charles “Frankie” McCluskey, 46, not guilty of first-degree murder following a three-day trial in Limestone County Circuit Court. McCluskey was accused in the March 4, 2015, fatal shooting of Ronnie Kyle Jr., 42, who was the boyfriend of McCluskey’s ex-wife, Belinda.

“We were really relieved and really thankful that the jury decided to see it our way,” Beaty said. “We’re satisfied, we’re relieved, and we’re tired.”

Prosecutors with the Limestone County District Attorney’s Office said Belinda was breaking up with Kyle at the time of the shooting. They claimed McCluskey’s daughter, Brittney, lured Kyle to the McCluskey mobile home off Zehner Road on March 4 and that McCluskey intended to kill Kyle when he got there.

Beatyargued that Kyle was intoxicated when he went to the home and demanded to see Belinda, who was not there. He said McCluskey repeatedly told Kyle that Belinda was not at his house and that he needed to leave.

Beatysaid McCluskey fired his shotgun through the windshield of Kyle’s car because Kyle was revving his engine and was about to run him over. The shotgun blast struck Kyle in the arm, face and chest and he died a short time later.

When Beaty was asked why he thought the prosecution’s case did not persuade the jury, he said, “I’m not sure what they got hung up on. I got hung up on a lot of things, but I don’t know what they got hung up on because I didn’t talk to them afterwards.”

(Attorneys for the defense and prosecution sometimes speak with jurors after their verdict to see what evidence convinced them.)

“I think the problem is that there was a witness who came late,” Beaty said, referring to the prosecution’s key witness, Vince Romine. He did not report what he said he had overheard at the McCluskey home until seven months after the shooting, Beaty said.

“That may have had something to do with it, and the physical evidence was indicative that Kyle was intoxicated and on someone else’s property. Also, there was a very small hole in the windshield from the shotgun so he (Frankie) was very close to it (the car when the shooting occurred.)”

Romine

Romine, a prisoner at Elmore Correctional Facility serving a state prison sentence for manufacturing methamphetamine, testified he brought Brittney to McCluskey’s mobile home the day of the fatal shooting. He said Brittney’s mom, Belinda, was also at the McCluskey home.

Romine testified he heard McCluskey tell Brittney he would kill Kyle if he came to the home. Romine said upon hearing her dad’s statement, Brittney began text messaging Kyle presumably to get him to come to the McCluskey home. Romine said he did not know if Kyle received the message.

Beatysaid there was no evidence Brittney ever sent such a message to Kyle or that he ever received such a message.

Chief Deputy District Attorney Jim Ayers Jr. said the only reason Kyle came to the mobile home was because he was told Belinda was there and that he should pick her up. He said Kyle would have no other reason to be at the McCluskey home.

Ayers said in his opening statement that Belinda and Kyle had a tumultuous relationship.

Another prosecution witness, Justin Vaughn, testified he saw Brittney go to Kyle’s car after the shooting and tell Kyle he got what he deserved for beating her and her mom.

McCluskey told Limestone County sheriff’s deputies after the shooting he repeatedly told Kyle that Belinda was not there and that he should leave. He said he fired his shotgun only after Kyle got in his car to leave, then revved his engine and put his car in drive, presumably to run him down.

Limestone County District Attorney Brian Jones had this to say about the case:

“While I am disappointed in the outcome, I want to thank the jurors for their service to our community. This was a tough case and they did their duty with a great deal of diligence and attention.

“Even though I am disappointed, a fair trial by a jury of your peers is the cornerstone of our judicial system. This verdict shows that our system works for everybody.”