Prosecutors have dropped the charges against one of three men accused in the robbery and shooting death of Andre Emmett, a former NBA player who was slain in his driveway.
Michael Lucky was facing a capital murder charge in the slaying of Emmett, but the Dallas County DA’s Office said “new information came to light,” which led to the conviction of another man in Emmett’s 2019 killing.
The prosecutors wrote in the motion to dismiss Lucky’s charge: “After a review of the evidence in this case and in light of the fact that Larry Jenkins was convicted for the role previously thought to have been attributed to Michael Lucky, the state is unable to present a prima facie case at this time for capital murder for Michael Lucky.”
A judge granted the motion to have the charge dismissed against Lucky on November 4. Lucky’s lawyer said his client had always maintained that he was not part of the fatal robbery.
Larry Jenkins, one of the other men involved with Emmett’s death, was found guilty of capital murder by a jury in September.
Keith Johnson, a third man accused in Emmett’s death, pleaded guilty in October to a lesser charge of aggravated robbery and was sentenced to 20 years in prison, as reported by The Dallas Express.
Initially, police had asserted that Johnson and Lucky shot Emmett.
The attorneys for Jenkins told the court in September that “It starts out with Michael Lucky and it starts out with Keith Johnson,” and their client is getting “thrown in with the rest of the mix.”
Emmett, the father of two, was shot and killed in front of his home in Old East Dallas in September 2019 after he tried to run away while being robbed at gunpoint. The crime was captured on his front door Ring camera system.
Emmett was drafted in the second round of the 2004 NBA Draft by the Seattle SuperSonics and played for the Memphis Grizzlies and the New Jersey Nets for two seasons in the NBA.
Emmett played in the BIG3 3-on-3 basketball league and was the second overall pick in the 2018 BIG3 draft.
The league was founded by rapper and actor Ice Cube. Emmett was entering his second season with the league when he was killed.