PHILADELPHIA (CBS) — A third-degree murder charge has been dropped against Jayana Webb, the woman accused of striking and killing two Pennsylvania state troopers and a man who the troopers were trying to help. A judge dropped the charge at Webb’s preliminary hearing Wednesday.
Webb’s defense attorney says the commonwealth failed to prove his client acted with malice. But Webb is still charged with manslaughter, homicide by vehicle and DUI.READ MORE: 2 Suspects Fatally Shot During Home Invasion In South Philadelphia, Police Say
The Philadelphia District Attorney’s Office has already refiled third-degree murder charges against Webb. A hearing will have to be held to determine if that charge will be reinstated.
The state laid out its case against Webb in a preliminary hearing that lasted more than five hours at the Criminal Justice Center.
Dozens of Pennsylvania State police troopers filed into court Wednesday morning for the much-anticipated preliminary hearing.
Webb is charged in the crash on I-95 South near the stadium complex on March 21 that killed Pennsylvania State Troopers Martin Mack, Branden Sisca and a pedestrian, Reyes Rivera Oliveras.
The assistant DA called nine witnesses to the stand, including a toxicologist who testified that Webb’s blood alcohol content was 0.211, more than twice the legal limit, and that marijuana was found in her system.
Another key witness was a trooper who testified that Sisca and Mack, in a tragic twist, had pulled Webb over that fateful day for driving 113 miles per hour, but the two quickly left to respond to another emergency, a pedestrian walking on the highway.READ MORE: Melanoma Isn't Just Caused By Environmental Factors Like Sun Exposure, New Research Says
A crash reconstruction expert testified that Webb was driving at 78 miles per hour when her Chevy Captiva slammed into the three men, launching them over the concrete barrier separating the north and southbound lanes.
Webb broke down in tears when the prosecutor played surveillance video from Lincoln Financial Field showing the deadly crash. Her lawyer says she apologizes for her actions.
“She’s told me she’s sorry on a number of occasions because again, this was an accident. She would never want to kill anybody and you heard in there, she doesn’t have a criminal record. She’s never been violent in her life. In fact, she was a superstar track runner in high school. She’s a good girl. It’s just, there’s some issues with some drinking,” defense attorney Michael Walker said.
The families of Webb and the two troopers killed were in court Wednesday but declined to speak on camera.
The judge also granted Webb $600,000 bail. She was previously being held without bail.
She is set for an arraignment hearing next month.MORE NEWS: Pennsylvania Lawmakers Want To Pass Red Flag Gun Law To Help Battle Mental Health Crisis
CBS3’s Jan Carabeo contributed to this report.