A murder charge against a 23-year-old woman in a Birmingham shooting was dismissed Thursday, the second time in 24 hours that a Jefferson County judge said there was not enough evidence to support criminal charges at this time.

Tamiya Krishaun Thomas was charged with capital murder in the January slaying of 40-year-old James Leon Craig. The charge was capital because the fatal shots were fired from outside into Craig’s home.

Prosecutors said the deadly shooting happened during a domestic dispute between Craig and Thomas’s mother, Meenya Thomas.

The mother and daughter were at Craig’s family home uninvited – the front door had been kicked in – while Craig had another woman there and Tamiyah Thomas ultimately fired shots into the house, striking Craig in the head.

Thomas’s defense attorney, however, argued that Craig fired first, wounding Meenya Thomas, and said that Tamiyah Thomas was defending her mother when she fired the shots that killed Craig.

After lengthy testimony Thursday morning, Jefferson County Judge William Bell dismissed Tamiya Thomas’s murder warrant.

“Based on the testimony I’ve heard today, I’m not going to find probable cause, especially not for capital murder,” Bell said.

“This to me is clearly not capital murder based on what (the detective) testified. The charge is dismissed against you.”

Wilson was released from the jail early Wednesday afternoon.

Thomas was released from the jail at 3:27 p.m. today.

Prosecutors can still present the cases to a grand jury at a later time for indictment consideration.

The shooting happened at 2:31 a.m. Sunday, Jan. 5, at a house n o17th Court South in south Titusville.

Craig was taken to UAB Hospital where he was pronounced dead later that day.

Birmingham Det. Maximillian Price was the lone witness in Thursday’s hearing.

Price testified that Craig and Meenya Thomas had a prior dating relationship. Meenya Thomas has not been charged with any crime.

On that morning, Craig was at his mother’s house having sex with his current girlfriend when Meenya Thomas started to knock on the door.

Craig and his girlfriend retreated to the bedroom, Price said, when Meenya Thomas break into the home to confront him.

After a brief argument, the detective said, Meenya Thomas left but later returned with her daughter, Tamiya Thomas, who had a gun.

At no point, Price said, were the women invited into his home but entered through the open door that had already been damage in the previous incident.

The argument resumed.

The detective said Tamiya Thomas was, according to witnesses, visibly irate and “acting like she wanted to fight Mr. Craig.” Others were holding her back.

Tamiya Thomas handed the gun to her mother, and the mother eventually handed the gun back to her.

Once Tamiya Thomas was outside the home, in the front yard, she fired shots into the house, striking Craig in the head.

Under questioning by defense attorney Jacqueline Morrette, Price said testified that Craig had gotten his own gun and shot Meenya Thomas in the leg as the two women were leaving Craig’s home.

That’s when Tamiya fired the fatal shots, Price acknowledged.

Morrette, during the hearing, pointed out that there was a history of domestic violence between Craig and the Thomas women.

In 2021, court records show, Craig was charged with shooting at Tamiya Thomas, and also with fatally shooting two of Meenya Thomas’s dogs.

Both cases were dismissed because of lack of participation from the victims and witnesses, records state.

Price testified that Meenya Thomas had previously stabbed Craig.

Testimony showed that Tamiya Craig was initially detained on a 48-hold. She wasn’t charged and arrested until nearly two months later.

Morrette asked the detective if the decision to charge Tamiya Thomas was a result of an online campaign seeking justice by Craig’s family. Price said it was not.

Morrette also said there was phone evidence that Craig invited Meenya Thomas over to his home that night.

The detective said he was not aware of that and said that wouldn’t make sense since Craig’s girlfriend was there.

In closing statements, Morrette asked Bell to drop the case.

“I believe this case, although very tragic, the evidence does not put forth a charge of capital murder certainly,” she said.

“There’s not testimony whatsoever that my client threatened Mr. Craig, that she was doing anything other than protecting and defending her mother.”

“We believe this is a justifiable homicide,” Morrette said.

Deputy District Attorney Aaron Brown disagreed. The women showed up at the house uninvited, were told they weren’t welcome, and asked to leave.

“The victim is just minding his own business, living his life,” Brown said. “They inserted themselves into this situation, they inserted the gun into this situation.”

“They’re the ones who made a charge. They were the ones yelling. They were the ones brandishing the weapon,” the prosecutor said. “He didn’t ask for any of that.”

“You can’t claim you’re defending someone else,” he said, “when you’re breaking into the house.”