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Shooting victim dies 9 years after suffering gunshot wound; deat - Live5News.com | Charleston, SC | News, Weather, Sports

Shooting victim dies 9 years after suffering gunshot wound; death ruled a homicide

BERKELEY COUNTY, SC (WCSC) -

A man paralyzed nine years ago after being shot on Clements Ferry Road has died.

Thursday, the Berkeley County Coroner ruled his death a homicide after an autopsy.

He says 33-year-old David McCray died from complications from the gunshot.

The shooting suspect, Tanis Grant pleaded guilty to assault and battery of a high and aggravated nature a couple years after the shooting.

According to state law, his charges won't be upgraded to murder. In order for charges to be upgraded, a victim must die within three years after the crime.

Criminal defense attorney Allen Mastantuno said, "If a person has been charged with attempted murder or assault and battery of a high and aggravated nature, and they haven't gone to trial and pled guilty, then that charge can then be upgraded to murder."

But if the victim dies after more than three years have passed, like McCray, Mastantuno said, "Then that's off the table, based on the law of South Carolina."

The law doesn't sit well with a customer at the gas station where McCray was shot.

"I thought there was no limitation to running out the clock on something like that said," Ken Montagna, "This is not a parking ticket. If this is murder, that seems like to me there should be no time limit."

According to the coroner, McCray became a paraplegic because of his injuries. The coroner says McCray died September 22nd.

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