The Ward County State’s Attorney filed last month to dismiss charges against two men who were allegedly involved in a shooting in downtown Minot on July 26, 2020.

William Neal Lucy II, 43, Minot, had been charged with pistol whipping and then shooting Tyquan Markeez Graham, 23, whom Lucy had accused of committing an armed robbery in the Sports on Tap parking lot shortly before the shooting. Lucy was then shot and wounded himself. Lucy had been charged with Class C felony aggravated assault for pistol whipping Graham, Class C felony aggravated assault with a firearm for shooting Graham, and Class C felony reckless endangerment-extreme indifference with a dangerous weapon for firing gunshots outside the club. All three of those charges were dismissed on June 24 because a prosecutor told the judge that Lucy’s guilt cannot be proved beyond a reasonable doubt. His defense attorney argues in a court filing that witnesses said Lucy had just emerged from the Ice Cold Ryders club house, where entrants had to clear a metal detector, and moments later was seen returning fire, so he could not have had the firearm until moments after he left the clubhouse. Defense attorney Andrew Schultz argues that Lucy had good reason to possess the gun and use it in self defense against two men who were believed to have stolen a firearm earlier in the evening. The firearm Lucy was alleged to have was never recovered and Schultz argues that no witness saw Lucy involved in any type of drug transaction that evening. Bulk packaging of cocaine and a baggie containing suspected MDMA was recovered from his clothing by medical personnel when he was treated for the gunshot wound at the hospital.

According to court documents, Graham’s co-defendant, Larry Dominique McLean, 29, was accused of placing the alleged victim in a chokehold from behind while Graham stole a firearm from the man’s vehicle. The two men then drove off in their vehicle. About an hour later, Graham was involved in the shooting incident in downtown Minot, which Minot police described as a confrontation between two groups that were coming and going from the “Blacked Out Night” after party held at the Ice Cold Ryders Clubhouse at 105 W. Central Ave. Graham was shot and wounded in his right arm and hand and was treated in the hospital. Lucy was shot in the melee and was more seriously injured and required surgery A third man, a 26-year-old who has not been identified, was shot in the foot outside the club during the exchange of gunfire.

Other charges in the case still stand against Lucy, including Class A felony possession with intent to deliver MDMA while in possession of a firearm, Class A felony possession of cocaine with intent to deliver while in possession of a firearm, and Class C felony felon in possession of a firearm. He is scheduled to go to trial on the remaining charges on Sept. 21.

The state later filed to dismiss the armed robbery charge against McLean after McLean died on Jan. 28 of this year. The prosecution also filed to dismiss the armed robbery and felon in possession of a firearm charges against Graham in June. According to court documents in the case, the alleged victim of the armed robbery does not want to cooperate with prosecuting Graham. Judge Richard Hagar signed an order of dismissal of the charges last month.

In an unrelated case, Graham is charged in district court in Minot with Class B felony delivery of fentanyl to a juvenile who later overdosed on April 29. He is also charged with Class C felony possession of drug paraphernalia, Class C felony felon in possession of a firearm, and Class A misdemeanor possession of a Schedule IV depressant. The next hearing in that case is scheduled for Sept. 29 before Judge Stacy Louser.

Both Lucy and Graham had prior criminal records.