Mother of Andrew Faust Jr. pleads for justice in son’s murder; what happens next in case?

FORT MYERS, Fla.- A mother is pleading for justice in the murder of her 5-year-old son.

The men accused of killing Andrew Faust Jr. walked out of jail Tuesday because the key witness couldn’t remember telling police they were suspects in the first place.

Southwest Florida Crime Stoppers tells WINK News the Fort Myers Police Department is still working the case looking for witnesses and leads.

In the meantime, Faust’s mother wants justice. Toyetta Simpson is convinced Thomas Edison and Terrance Irons killed her son last October.

“I’m stuck with this pain, until the day I die,” said Simpson.

The two men are free for now because a key witness told attorneys she couldn’t remember ever telling police that Edison and Irons killed Faust.

That witness, Cashae Smith, originally told police that she saw Edison and Irons holding guns right after shots were fired that day.

Now months later and under oath, Smith said “I don’t remember my statement. I haven’t seen my statement since the day that I gave them my statement.”

When asked why she named Edison and Irons as suspects, she goes on to say “I explained to them, like, how they looked and then that’s the end. I never pointed them out, though.”

Attorney Joseph Viacava represents Irons. He says the state’s case against his client won’t stick now that Smith can’t remember her statement.

Viacava adds that there are other witnesses, but no one saw who pulled the trigger.

“In my opinion, basically what they have is an insufficient case. Witnesses didn’t see enough and there’s no way to identify the shooter,” said Viacava.

Smith originally told the court she was threatened, then under oath she said that never happened.

Police tell WINK News getting witnesses to come forward in cases like this is tough, because there is a fear of retaliation.

In this case specifically, officers say they did everything they could to protect Smith.

“I can tell you, being involved in that case, we took every precaution we could to keep her safe. If there was any point that she wasn’t safe, it wasn’t our fault,” said Detective Jose Gomez with FMPD.

“I’ve literally paid on my own credit card, for U-Haul trucks, to help people go out of town, and they were back in Fort Myers the next day,” said Captain Dennis Eads.

Meanwhile, residents are upset and discouraged, worried there may never be justice for Faust.

WINK News spoke with a local pastor who urged people not to lose hope.

“We felt great, we think we’re not gonna have another, you know, murder or something that was gonna happen in the community that was gonna be unsolved case that lingered on for years,” said Pastor Gregory Ford.

Now that Edison and Irons are out of jail, Pastor Ford has turned to prayer.

“We were just praying that all things worked out for the good for the family because the family needed to find some closure on this. But this incident now is just looking like it’s gonna take us a little while to get to where we need to go.”

Community activist and former NFL player Earnest Graham helped raise money for Faust’s family after the shooting. He says he’s proud the investigation was able to get this far.

“The community did show a valid effort as far as responding to the situation,” said Graham “It’s not over yet, it’s not over, it’s never over. Our work as a community isn’t done.”

The question now is, how could Edison and Irons spend months in jail, on second degree murder charges, based on only one persons story?

“To put someone behind bars for any offense you are going to have probable cause that the crime was committed,” said defense attorney Lance Dunford who is not involved in the case.

Dunford says people are thrown in jail all the time based off only one persons claims.

“In my opinion, this case should not have been filed on,” said Terrance Irons defense attorney Joe Viacava.

Viacava  tells WINK News that Smith’s statement had major flaws and says he really didn’t see Smith as a true witness from the beginning.

“So when that is your critical piece of evidence and you know that is all you got you got problems.”

Edison and Irons will be in court on July 22.