GPD: Gunshot residue tests provided "false positives," as they drop murder charge

GALVESTON, Texas (KTRK) -- No one is currently in custody for a deadly shooting after prosecutors dropped charges against an Uber driver who was initially accused of murder. Officials tell ABC13 it's because of a faulty test used in the aftermath.

This stems from a shooting on Friday, June 20. Witnesses told police Patrick Wright and the ride-share driver were arguing moments before bullets went flying.

Police say Wright was shot twice, on 36th Street and Avenue R in Galveston. Investigators say the ride-share driver denied pulling the trigger, but he tested positive for gunshot residue, so he was charged with murder.

But on Tuesday, police backtracked, saying new evidence made them move forward with dropping the charges against the man.

RELATED: Charge dropped against Uber driver accused of killing a man after argument in Galveston

Galveston police say new video provided substantial doubt regarding the ride-share driver's involvement. Investigators say they found discrepancies in gunshot residue tests they did.

ABC13 is now learning that GPD found they have a batch of gunshot residue tests that they say are returning "false positives."

GPD confirms they have made an all-call to immediately stop using the gunshot residue test kits. It's unclear how many of these kits the agency has or how long they've been using this batch. We are awaiting a response for these specifics.

The agency didn't say how many tests or criminal cases are potentially impacted.

What we do know is that police confirm they are now looking into other cases and doing their "due diligence" to ensure that similar circumstances don't exist with other cases; something they couldn't tell us for certain right now.

GPD referred us to the Galveston County DA's office on Wednesday morning to answer our questions about the "faulty tests" even though they had nothing to do with the testing.

The Galveston County DA's office tells ABC13 the result of a preliminary test is only one factor the DA's office utilizes when considering whether to accept charges.

The DA's office sent ABC13 this full statement:

"The gunshot residue test at issue in the Patrick Wright shooting was a preliminary test administered by an officer using a test kit designed to be used in the initial stages of criminal investigations. When relying on gunshot residue evidence, the District Attorney's Office generally utilizes laboratory tests conducted by credentialed scientists at the DPS Crime Lab. The result of a preliminary test is only one factor the District Attorney's Office utilizes when considering whether to accept criminal charges. In the Wright case, there was also eyewitness testimony and evidence from a smartphone tracking app. The District Attorney's Office is working with the Galveston Police Department to address all relevant issues."

A probable cause affidavit shows investigators also had other evidence tied to this case, like eyewitness testimony and a ride-share tracking app.

GPD tells ABC13 the case is still under investigation when we asked if they have a new person of interest or suspect.

"As for the case itself, police are making progress but the investigation is ongoing, and sharing details now could compromise it," said a spokesperson for GPD. "We expect to provide an update soon that will offer a clearer picture of what happened."

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