CLAYTON COUNTY, Ga. — A woman charged in the death of her husband’s ex-girlfriend and mother of his child is facing one less charge after a Wednesday hearing.
Brianna Winston’s family told Channel 2′s Tom Jones the judge should not have dropped that charge with all the evidence the prosecution has against her.
Brienna Phillips-Edwards, 21, appeared virtually in a Clayton County court hearing on Wednesday where Judge Latrevia Kates Johnson dismissed a charge of party to the crime of murder against her.
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Johnson says it does not appear that Phillips-Edwards was involved in the crime until after Winston had been murdered. Prosecutors disagree and say she was at the scene of the murder and then tried to hide it.
Detectives testified that Phillips-Edwards drove her husband, Michale Edwards, to Winston’s apartment where he went inside and strangled her.
“She waited in the car while he was in there,” Detective Traci Moore testified.
Moore said Edwards had gone there to get his child’s social security information and birth certificate to file his tax return. She said they got into an argument because Winston had been at a man’s apartment.
She said Edwards then drove Winston’s body to Tennessee in his wife’s car where he burned her body with a friend. Phillips-Edwards allegedly called that friend while Edwards was there.
“Because she knew that Mr. Edwards had left his phone at his mother’s residence to look like he was still staying in Georgia,” Moore explained.
Moore also testified that Edwards asked his wife to get rid of evidence while he was in jail.
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Phillips-Edwards’ attorney says that phone call doesn’t prove anything.
Defense attorney Kirby Clements also says there is no evidence Phillips-Edwards knew her husband was going to strangle Winston.
“So as a matter of law, party to a crime cannot stand,” he said.
The judge agreed and dismissed the charge.
“I think it is clear that she participated, but I believe she participated after the fact,” Johnson said in her ruling.
Prosecutors say they will ask a grand jury to indict Phillips-Edwards on the party to a crime charge.
Phillips-Edwards still faces charges of conspiracy to commit a crime and tampering with evidence.
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