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Murder charges dropped in San Diego landlord's death

A judge in San Diego on Friday dismissed murder charges against a couple in connection with the death of their former landlord, who fell from the hood of their minivan at a Mountain View intersection last fall – the encounter was captured on cellphone video.

With the decision, 27-year-old Cory Skellion no longer has to answer for the death of 32-year-old Angelica “Gel” Wuerth. His wife Brooklyn Broadway, 25, now faces a trial for involuntary manslaughter and hit-and-run, the couple's lawyers said.

Judge Daniel Goldstein's ruling ended a two-day preliminary hearing for the couple in San Diego Superior Court. Attorneys Alicia Freeze and Leonard “Ted” Burgess said the judge did not accept the argument that the woman was struck during an argument with the couple but climbed onto the hood of the car herself.

Broadway's attorney Brandon Naidu said he and his client were “more than pleased” with the decision. “Judge Goldstein made the right decision,” Naidu said.

“The cellphone video was the strongest evidence of what this case really is and what it is not – a murder case,” Naidu said.

The prosecutor did not immediately respond to a request for comment late in the afternoon.

Authorities said last year that the couple had an argument with Wuerth on Jamul Avenue, near Ocean View Avenue, around 8 p.m. on Nov. 10. Freeze said Wuerth was their landlord and the couple returned to the house to pick up some of their belongings.

Freeze said Würth blocked the two in an alley near the house they were renting and “they couldn't get out of the alley.”

Wuerth landed on the hood of the Toyota Sienna minivan while Skellion was behind the wheel. Freeze said the prosecution argued Wuerth was hit and landed on the hood, while the defense argued Wuerth voluntarily got on.

Würth clung to the hood of the car while Skellion drove a short distance, Freeze and Burgess said. The newlyweds began recording the encounter on Skellion's cellphone.

Prosecutors said Skellion drove about a half-mile down Ocean View Boulevard, then up Marketplace Avenue to a Home Depot shopping center and stopped in the parking lot. Freeze said the video shows Wuerth remaining on the hood while the vehicle was stopped for more than 90 seconds.

The couple switched places. Broadway jumped into the driver's seat and her husband into the passenger seat. Wuerth stayed on the hood. The cell phone camera continued to roll, capturing the action and their conversation. “We were uniquely lucky to hear their intentions and thoughts,” Naidu said.

In the video, the couple shouts that they do not want to hurt the victim. There is no malice, said Naidu.

Broadway first headed up Marketplace, a distance about two football fields long, and then turned onto Imperial Avenue, Freeze said. As she stopped at a light on nearby 45th Street, Wuerth fell off the hood of the car. The couple drove off.

Wuerth died the next day, police said. When the couple was arrested less than a week later, police said Skellion was driving and his wife was an accomplice. Freeze said neither knew Wuerth was seriously injured.

At the time, Broadway was an active member of the Navy based in San Diego. Her husband was a civilian working at the Marine Corps Recruit Depot. Freeze said they had recently moved to San Diego from Mississippi — although Skellion had lived in San Diego as a child while his father was stationed in the area for several years.

Freeze said Skellion, a graduate of the University of Mississippi, plans to return to his family home in Mississippi after the case against him is dismissed.

Broadway is scheduled to appear in court again later this month to face the new charges. Further dates have not been set.

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