Quote:
The evidence at trial established that defendant and his codefendant, Jerome Moore,
were attempting to rob a house where drugs were sold. On October 5, 2011, at 11:45 p.m.,
defendant and codefendant approached the front porch of the house where a group of men were
seated. Defendant asked to buy marijuana, and two men then entered the house. Defendant and
codefendant then drew weapons from the front of their pants and pointed them at the men
remaining on the porch. When one of the men returned to the doorway with the drugs, he
observed defendant with his gun drawn, yelled that they were being robbed, slammed the door,
and ran to the back of the house. Defendant then entered the house, where Blackman was sitting
in the living room with a 12-year old girl, watching television. Defendant grabbed the girl,
wrapped his arm around her neck, and pointed a gun at her. Blackman knocked the gun out of
defendant’s hands, and the girl ran from the room. Blackman knocked defendant down and ran
outside, where he and codefendant began struggling for control of codefendant’s gun. The gun
fired, killing Blackman.
Quote:
Clinte Smith testified that, after defendant was knocked down, he held defendant’s
head on the ground with his knee until defendant passed out. Antonio Smith testified that he
found defendant unconscious and sitting propped against the living room wall. Antonio Smith
then hit the unconscious defendant 30 or 40 times in the head with a gun, while Devontae
Dorsey beat defendant with a metal fan and Clinte Smith hit defendant with his knees. While
the three men were beating the unconscious defendant, they heard the gunshots fired in front
of the house that killed Blackman. Clydell Sistruck also testified that later on, after the
shooting, he and the females in the house continued to beat defendant