Charges set aside against man accused in Oceanfront shooting that injured 6

VIRGINIA BEACH, Va. — All charges against a man accused in a Virginia Beach Oceanfront shooting in March have been set aside, a judge confirmed on Thursday morning.

The Williamsburg Commonwealth’s Attorney, serving as special prosecutor in the case, asked the judge to nolle prosequi all charges against Matheus Cavalcante, including dismissing a pretrial violation. The judge confirmed all charges were “nolle prossed” — meaning prosecutors dropped those charges for now, but they could bring them back in the future.

Additionally, the judge found Cavalcante not guilty on the pretrial violation, which stemmed from a failed drug screening in June.

Cavalcante was charged in connection with a shooting on Atlantic Avenue in March. Investigators say gunfire broke out during a confrontation, injuring 6 people. Court documents say Cavalcante opened fire during the confrontation. His attorney maintained he acted in self-defense after an attempted robbery and said someone else fired first.

Cavalcante’s attorney, Diane Toscano, said Wednesday the case was always one of self-defense, arguing his client was the victim of an attempted robbery.

“Again, in this situation, it was very unfortunate, but my client was the victim of an attempted robbery, and he acted in self-defense, and that's his constitutional right,” Toscano said.

Cavalcante spoke publicly for the first time since the shooting on Wednesday.

“I just want to thank the Toscano Law Group and also want to thank the Commonwealth of Virginia for giving me a fair and speedy trial. All my prayers go out to the people impacted by this situation and to the victims as well,” Cavalcante said.

Four other men are charged in connection with the shooting: Andrew Anthony, Alex Scott Jr., Ba'Shaun Williams, and Jamari Horton.

Eric Korslund, an attorney for Anthony, said he was surprised by the decision to drop Cavalcante’s charges.

“I was shocked, and I think everybody else in the courtroom was shocked; nobody was expecting that,” Korslund said. “I don't know the basis of it being nolle prosequi; legally, I can't think of a basis. I mean, this young man shot people at the Oceanfront without any sort of justification or excuse.”

The shooting on March 7 was the first of two this spring that led to a curfew change at the Oceanfront.

The Virginia Beach Police Department said in a statement that they are "profoundly disappointed" with the dismissal of Cavalcante's charges. =

“The Virginia Beach Police Department is profoundly disappointed by the special prosecutor's decision today in Williamsburg dismissing all charges against Matheus Cavalcante, whose reckless actions in March of this year forever changed the lives of multiple individuals, some of whom will have a lifetime of suffering from their injuries,” said Police Chief Paul Neudigate. "This decision sends the message that gunfights on Atlantic Avenue will be tolerated and does little to assure our residents and visitors that individuals who cause harm in our community will be held accountable for their actions.”

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