The mistake was discovered, however, and the judge was informed. But she was critical of prosecutors over that incident, frequently sparred with them in the courtroom, and would not allow the casings to be part of the state's case any longer.
The West Virginia Supreme Court disagreed, saying Webster overreacted and made a "clear legal error" in quashing the evidence from trial.
In a hearing a few weeks ago, however, Webster indicated she was still unhappy about it. She said that a controversial decision to release Kinney from his home confinement was made "in an attempt to remedy the issue of lost evidence."
She also recently ordered that the gun expert and the video could not be used in a trial.
Plants said that ruling was a big blow, but he was dismissing the case against Kinney without prejudice. That leaves the door open for another indictment in the future.
"If more evidence is found, I can pick it up and prosecute the case again," he said. "We believe there are witnesses to this who just did not want to come forward and cooperate.
"Hopefully, a witness will cooperate and we can move forward with a better case."
Margaret Parsons, the victim's mother, described her son a few months ago as a caring individual who tended to her while she was in a coma and later after she emerged and had to learn to walk again.
She believes Kinney had threatened to kill her son before and finally did. She said she fears the man.
Contact writer Cheryl Caswell at cher...@dailymail.com or 304-348-4832.