Andrew Smith

Police found Andrew Smith, 56, on his porch in the 4000 block of Kennerly Avenue after 1 p.m. He had been shot several times. Jay’shaun Payton, 23, was charged with first-degree murder and criminal action in the killing. That case was later dismissed after a grand jury failed to indict. Court documents said a silver Chrysler 300 pulled up near the scene of the shooting. Two people, including one who matched Payton's description, got out of the car and walked off camera where shots were fired. The two people then ran back toward the vehicle and drove away. Authorities found Payton's fingerprints at a separate shooting scene that they believed was connected to Smith's death. Payton also admitted to owning a Chrysler 300, court documents said. It is unclear why the grand jury failed to indict. Such proceedings are confidential, and a spokeswoman for the circuit attorney's office did not immediately respond to a request for comment Tuesday. Payton's attorney, Robert Taaffe, said he believed they didn't indict because there was no evidence connecting his client to the crime. For example, Taaffe said, Payton does drive a Chrysler 300 similar to the one on the video, but there was no indication that his car was the one near the scene. Payton's car had no damage, but witnesses told investigators that they noticed specific blemishes on the vehicle at the shooting. Payton was also captured on surveillance footage from the day of the shooting wearing different clothing than the alleged killer. He also didn't have any passengers in the car. "That case was thin," Taaffe said. "I'm very happy the grand jury did their job."