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After the First 48 - Season 12 Episode 3 - Unfair Fight
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00:05the following program documents a real homicide case the investigation the pursuit of justice
00:11and the lasting impact on the loved ones left behind
00:18shots fired there's two witnesses downtown i was like what are you gonna do he jumped me right
00:26here he gives us everything about the suspect except the name the guy that y'all think did the
00:33shooting he is not here here's someone saying you don't have the right person ultimately this case
00:41was going to be a question of who the jury believed i hoped that they would be able to see
00:45past his
00:45convictions and focus on his testimony my client was saying he didn't do this he was vehement about
00:51it for those most affected by a homicide the first 48 is just the beginning you take a lot of
01:00lives
01:00with one bullet and it just calls so much pain this is the story of the fight for justice
01:08in the weeks months and years after the first 48
01:289-1-1-1 police fire or medical
01:51when police arrive the shooter is gone and they find two men shot
02:02both are rushed to the hospital and into surgery
02:06one of them dies
02:14when i arrived at the crime scene i was thinking it was a priority to get on it quick
02:19we had someone brazen enough to open fire in a heavily populated apartment complex and just shoot
02:25you get multiple people that could be a continuing threat
02:28okay here's the scoop
02:30shock's fire
02:32one guy shimon
02:34he dies
02:3841 year old shimon jones was born and raised in tulsa
02:43he worked as a cook at a local nursing home and is survived by two children
02:50all of it happened outside
02:52shimon was found in the courtyard
02:55shot in his back leg and right arm
03:07the surviving victim is a 32 year old man
03:11he was shot once in the chest and is in stable condition
03:15where'd it happen at
03:16up here in front of the playground
03:18looking at the courtyard there's multiple shell casings on the ground
03:23and i'm thinking gosh luckily we don't have more hit
03:28the team finds thirteen nine millimeter casings
03:31the casings were in a consistent pattern
03:34so that gave me a belief that it was probably one shooter
03:39there's two witnesses downtown
03:40okay
03:42i have a good feeling that we've got witnesses
03:44now it's just a matter of sifting through it
03:47collecting the evidence
03:48and getting the story
03:52back at homicide
03:54corporal shilling and detective jason white
03:56interview the 911 caller
03:58archie
03:5870 percent of people are killed by somebody that they know
04:02the 911 caller is a victim himself
04:05we hope that he knew who the suspect was
04:07and was going to be able to tell us
04:13my cousin died
04:16is it shaman
04:20yes i'm very sorry
04:25to tell somebody that their loved one has died
04:28it hurts
04:29i mean we hurt with them
04:31and that's a tough spot to be in
04:34because you tell them something that's so emotional
04:37devastating but yet you're wanting to get a statement from somebody
04:41what can you tell me
04:45last night
04:47me and my girl we got into a little small disagreement
04:53she took it outside
04:54trying to go over there
04:56he says his girlfriend left and went to a downstairs neighbor's apartment
05:06he says the man in the apartment confronted him
05:10he says the man in the apartment confronted him
05:35he ended up getting jumped by the group of guys from the apartment that his girlfriend went to
05:43archie says one of the stepson's friends had the pistol
05:47yeah he's the main one
05:50i was like don't kill me
05:52i took out running
05:53when you start hearing what happened with archie the night before
05:57that helps us walk forward
05:59and get a picture of
06:01who's doing what
06:03what their motives are
06:04and and the connection of these individuals
06:05because running into a guy that just shoots them
06:08doesn't really make sense
06:09as a standalone incident
06:11okay
06:13so what happens today
06:16today
06:17we all got a car
06:18archie says earlier today
06:20he decided to go to the complex
06:22to confront the men that attacked him
06:24it was with me just
06:25just to you know protect me if anything happened or anything like that
06:28he says he met up with shymon
06:31the surviving victim
06:32and the other witness
06:34about five minutes ago
06:37the dude he come around the corner
06:40he says they ran into his neighbor's stepson
06:43and the stepson's friend
06:44who had pistol whipped him
06:45i was like
06:46yeah what do you do
06:47he jumped me right here
06:48and rubbed him
06:50i was like yeah we can catch a one-on-one
06:52and i was like oh well okay
06:54to think you're going to get a fair fight
06:56in that situation
06:57when you didn't have a fair fight the night before
07:00doesn't ring true to me
07:02i'm kind of going up there
07:04and then that's where he put out the gun
07:09he thought he had enough crew there
07:11to get his revenge from the night before
07:13but a gun can quickly equalize being outnumbered
07:18you're busting at me
07:19when i was running
07:21and then he busts at them too
07:24how do you not get shot
07:25but both of them get hit
07:26i don't know
07:27that's god
07:29he's obviously in an emotional state
07:31there may be some underlying guilt
07:34about getting them involved in this
07:36had i not gotten my friends
07:37had i not wanted to continue here
07:41we wouldn't be in this position
07:45which one is the one that shot
07:47he says the man that was with his neighbor's stepson
07:50is the shooter
07:52do you have a name
07:54i don't know his name
07:57how would you describe him
07:59tall
08:00he's not scared
08:01i'm about six months to two
08:03i'm about one eight
08:05something like that
08:05i know he has a black hoodie on
08:08when he pulled out the pistol
08:09they both had white shirts
08:10they both had white shirts
08:12archie did a good job
08:13he gives us everything about the suspect
08:16except the name
08:17it's probably an image that's burned into his mind
08:19he saw that that individual
08:21shoot at him
08:22and that individual killed his cousin
08:25while shilling and white continue their interview
08:28detective john brown speaks with the other witness
08:31archie's friend
08:32he called and he asked me
08:34he says earlier that day
08:36he got a call from the surviving victim
08:38he said do you want to go over there
08:40and confront the dude
08:43anyway
08:43when he gets over there
08:45i seen black dude
08:48with the um
08:49black hoodie
08:51when he came out of the corner
08:53he said
08:53what's up
08:55and he just
08:56came out with a gun
08:59he shoot there with a
09:00bop bop
09:03so
09:03this black guy in the hoodie
09:05could you see anything of his face
09:08i don't know him
09:09but
09:11i can probably point him out
09:12though
09:14was he by himself
09:17i seen two
09:19no other one was behind him
09:23he was in a white shirt
09:25and
09:25black shorts
09:28and a bald head book
09:30i felt the information was credible
09:32it was consistent with what archie had said
09:36they just got shot at
09:38and their friends just got shot and killed
09:40so they really have a stake in telling us the truth
09:44so we just need to get a name
09:49two hours in
09:50yeah so i knock on the apartment downstairs
09:53and he was in there
09:54so while detective brown and i are interviewing downtown
09:58detective ridder made contact with the downstairs neighbors that were the suspects in the previous assault on archie
10:05one of those individuals matched the physical description archie and his friend had given as
10:11being at the murder scene
10:12and being associated with the suspect
10:14the man ridder brought to headquarters is the stepson of archie's neighbor
10:19as i'm leaving someone asks me for a business card
10:22they say the person that was probably with this guy is marquise johnson
10:29as fate would have it a individual that didn't really want to be involved in the investigation
10:33gave detective ridder a name
10:3526 year old marquise johnson attended memorial high school in tulsa
10:41he has prior convictions for drug possession and robbery
10:44i'm thinking that's probably going to be your shooter
11:00he's going to the left and coming around
11:06we come from a pretty large floesnet family
11:10my mother has six children
11:13i'm the baby
11:14ruby was the oldest which is shaman's mother
11:24my sister was on dialysis during the time we found out that her son was murdered
11:30so we all go out to the house
11:32and just to have to give her that bad news
11:34that her baby is gone
11:37it broke my heart
11:39let us enjoy the food you're about to receive
11:42and thank the ones that have prepared it
11:44hallelujah
11:45amen
11:47this really happened to a good hearted person
12:01he was family oriented
12:04he left behind a one and two year old baby at the time
12:09i remember my little brother as a good father taken too soon
12:13the main thing he wanted was kids of his own
12:17and then he finally had his tooth and he loses his life
12:21i know he just got robbed out of what he really wanted to do the most man
12:27tell him how you felt about your dad you was talking in the house
12:30i shared that i miss him and if he was still here
12:35i would do anything to make him proud
12:38if you lose a loved one to gun violence you know
12:43you take a lot of lives with one bullet
12:47and it just caused so much pain
12:51so much pain
13:05we need to put together a photo lineup with him in it
13:07and show your witnesses
13:09two hours into the investigation
13:12marquise's history although he'd had prior run-ins with the police
13:16there wasn't anything there that made me think oh he's a born killer
13:20we need that one affirmative this is the guy
13:24before we can get a warrant out for them
13:26and track them down wherever they may be
13:28shilling shows shimon's cousin archie a photo lineup
13:32all right why don't you look through those
13:39see him
13:44right there
13:45that's him
13:46that's the shooter
13:47yes
13:47he gets to marquise's picture and he's
13:50that's the guy that's him that's him
13:52there's no doubt in his mind
13:54guarantee
13:55he killed my cud
13:57that gives me a lot of faith in his identification
14:02you want me to show this other guy
14:03yeah
14:06okay
14:07gonna show you some pictures
14:10flip through those and tell me what you think
14:22two for two
14:25they both picked up marquise johnson
14:27i feel really good at that point
14:29we had enough for probable cause to arrest marquise for murder
14:33and for shooting with intent to kill
14:35now we have to find him
14:38so the guy with marquise
14:40he's gonna know where marquise is at
14:42hopefully
14:45detectives turn to the man ritter picked up at the apartment complex
14:50the neighbor's stepson
14:51who is also marquise's friend
14:53he's an eyewitness to the events
14:55whether he's involved in them
14:57or he's just a third party witness
14:59he can give me some critical information
15:01so i really wanted to talk to him
15:04so there's some drama happening outside your apartment last night
15:09i don't know i wasn't there
15:12okay
15:12okay well that's if we ask you the questions
15:15you can answer them and then we can be done
15:18do you want to talk to us
15:21i don't know what's going on so i'm really confused
15:23well no stop for a second
15:25people have already said
15:27this right here
15:28he was there
15:31i'm not saying you were there
15:32he's not saying you're there
15:34there's other people that says your ass was there
15:38you don't see much of a reaction from detective brown very often
15:41but i think he was just a little bit irritated
15:44the fact that this guy knew and wasn't coming off of it
15:49nobody says you did anything other than to be there
15:53okay
15:55that's an issue that you are going to have to overcome
16:00i would like a loyal friend
16:06it's fine
16:10he didn't want to talk to us
16:12didn't want to be involved
16:14and pretty much ended before it started
16:17detectives booked the neighbor's stepson
16:19on outstanding traffic warrants
16:22i wasn't expecting that
16:24the friend would really want to talk to me
16:26but based on
16:28archie identifying marquise as a suspect
16:30our fugitive warrants unit
16:32can go looking for him
16:35we're up to do some surveillance
16:36or maybe run some tag
16:39all right
16:39we'll let you know
16:40we're on 10 f
16:42they'll find every place that person might stay
16:44lay their head
16:49corporal matt hart and the fugitive warrants squad
16:52head to a possible address for marquise johnson
16:55it's north tulsa
16:56we'll just sit on it for a little bit
16:58and see what we see
17:03ideally we see a car leave
17:04when we follow it
17:07it's a cat and mouse game
17:13the house looks pretty dark
17:15there's no cars in the driveway
17:21seven hours into the investigation
17:24that's all i got
17:28marquise was not found
17:32there's nothing that says in this playbook
17:34that marquise johnson has to stay in this town
17:37and we believe that he did
17:47i was a little surprised that marquise was able to get out
17:50because we were on him pretty quick
17:52i think what this tells us is
17:54he knew that he shot and killed somebody in broad daylight
17:57and if he wanted to stay free
17:59he had to get out of here
18:01i think marquise put forth quite a bit of effort
18:04to avoid being followed
18:06so we went to the media
18:12an accused killer on the run
18:15right now tulsa police say
18:16they fear if he's not caught
18:18he could strike again
18:20police released this poster
18:22of 26 year old marquise johnson
18:24who they're calling
18:25a person of interest
18:27in wednesday's double shooting
18:29he just shot a bunch of rounds
18:31at a bunch of people
18:32if he would do that
18:34then i think he's a danger
18:36to anybody around him
18:37if you know where he's at
18:38police are asking you
18:39to give them a call
18:51as the first 48 runs out
18:54different people have called
18:56thought they saw him different times here in pulsa
18:58but another panned out
18:59marquise is still nowhere to be found
19:03we've put him in the national computer
19:05we've put his picture on tip sheets
19:08we've done everything we can do
19:10to alert authorities that he's wanted
19:14while the search for marquise continues
19:17shilling visits the surviving victim
19:19in the hospital
19:21it was about five or six days after the shooting
19:24and he was in stable condition
19:26able to talk
19:29i wasn't there the night before
19:31my cousin called me the next day
19:32he tells shilling he learned about the attack on archie
19:36the night before the shooting
19:49so
19:50he says they confronted two of the men
19:52who had jumped archie
19:53they started to run
19:54they disappeared
19:56but he says they ran into the men again
19:59later that day
20:01i started confronting the hoop
20:04he didn't seem to be holding back
20:05he seemed cooperative
20:08and how many times i looked back
20:10and the guns i was pointed at him
20:12he just started shooting
20:15overarching it was consistent with what
20:17both archie and his friend had already told us
20:19and even though i had gotten marquise identified
20:22i still felt like i ought to show him a lineup
20:25had you ever seen that guy before
20:28the only time i seen him was that time
20:30mcran
20:32the second time he shot me
20:33and then the third time he was on the news
20:36i don't want you to pick the guy you saw on the news
20:38i want you to pick out the guy that
20:39that you saw that day
20:44that's him
20:45that's the guy right there
20:47he identified marquise out of it
20:49and you know what
20:52motivation would he have to misidentify somebody
20:54if you're looking for justice
20:57you want the right person
20:58not just any person
21:01no
21:02so easy
21:05i understand
21:07his brothers
21:11i don't know what to tell him
21:15i don't know what to tell him
21:19at this point in my investigation
21:21i talked to all the eyewitnesses that i'm aware of
21:24so we just need to find marquise
21:29but nine days in
21:31shilling learns about a witness
21:33who was hesitant to speak with police
21:35the day of the shooting
21:36we had a 911 caller
21:38that had given a suspect description
21:40that was different than marquise
21:44we have to investigate that
21:46otherwise the defense attorney is going to say
21:48you didn't do your due diligence
21:50and what if they're right
21:52so detective brown and i
21:54went and did a follow-up with that witness
21:56so we could see what information they had
22:01so you're on the third floor balcony
22:04so what did you see happen
22:06the guy that did the shooting
22:07was standing out
22:09like in his breezeway area
22:12and three guys
22:13were kind of walking up on him
22:15and they were like
22:15being real like aggressively
22:17verbally like
22:18you know arguing
22:19i don't know
22:20maybe
22:22they were all going to jump him
22:23or what
22:25but he just started shooting
22:27the witness tells shilling
22:29the shooter is a man they've seen
22:31around the apartment complex
22:32and you're positive
22:34that you saw him shooting
22:36yes
22:36the other individual
22:38that the witnesses claiming
22:40did the shooting
22:41was someone that
22:42we've had contact with
22:44we're familiar with
22:45he's one of the
22:47bigger drug dealers
22:49in that complex
22:50he hadn't been named
22:51as a shooter
22:52and other things
22:53so it was credible
22:55shilling presents a photo
22:57of the man the witness claims
22:59as the shooter
23:00you recognize that picture
23:03no i'll be honest
23:04i wouldn't like
23:05face
23:06i thought
23:06i couldn't give you a
23:12he looks familiar
23:13i've seen him out there a lot
23:15but i can't definitively say
23:18yeah that's him
23:19i follow the side of his face
23:20mostly
23:20they say that's the person
23:22that shot
23:23but then when shown a photo
23:25of that same person
23:27uncertain if that's the person
23:29or not
23:32shilling shows the balcony witness
23:34pictures of marquise
23:35and the neighbor's stepson
23:38did you see him that day
23:41no
23:41i don't want to
23:42have him from out there
23:43at all
23:47should you see
23:48that guy out there
23:49that day
23:50during the
23:51all that
23:51no
23:53the guy marquise
23:55that y'all
23:56think is a shooting
23:57is not a shooting
24:08with the balcony witness
24:10saying
24:11you don't have the right person
24:13it's someone else
24:14there's a
24:15level of insistence
24:17that's like
24:18okay this is pretty believable
24:20but how can that be
24:22how can everything else
24:23point to marquise
24:25and
24:26the other individual
24:27that
24:28the witness is claiming
24:29did the shooting
24:30the police had
24:31made contact with him
24:32talked to him
24:33searched him
24:34his physical description
24:35didn't match
24:36the initial physical description
24:38there was no evidence
24:40to indicate
24:40he had anything to do
24:42with this investigation
24:43even after
24:44we're convinced
24:45that we've got
24:46the right guy
24:47what if we're not
24:47so
24:48we keep investigating
24:50as shilling digs further
24:52to try to locate marquise
24:54he makes another discovery
24:56i did a couple of search warrants
24:58for his social media account
24:59and
25:00they had been active
25:01up until the date
25:03of the murder
25:03and then after
25:05they
25:06went silent
25:07it's just
25:08reaffirming
25:09my
25:10belief that he is the person
25:12we're looking for
25:12just the discipline
25:14to
25:15try to stay
25:16unfound
25:19as months pass
25:20without an arrest
25:21the situation
25:22only gets worse
25:24for shymon's family
25:26nine months later
25:27i went to the hospital
25:29to see my sister
25:30and she said
25:31i don't want to do this anymore
25:32tired of hurting
25:33i miss my son
25:35she asked me
25:36to make sure
25:37that i get justice
25:39for shymon
25:39and i promised her
25:41that i would do that
25:42and i think
25:43a week later
25:45my sister passed away
26:00after two years
26:02of searching
26:02for their suspect
26:03what you got
26:062016 case of mine
26:07marquise johnson
26:08yeah
26:09he got arrested
26:11marquise finally got arrested
26:13up in wichita
26:14kansas
26:14he got pulled over
26:16lied about who he was
26:17they were suspicious
26:19about it
26:19and arrested him
26:20for some traffic violations
26:22fingerprinted him
26:23and
26:23ended up finally
26:25finding him
26:25as one person
26:26out of tulsa
26:28and
26:29he said
26:29he had nothing to say
26:33marquise johnson
26:34is turned over
26:35to tulsa authorities
26:36and charged
26:37with first degree murder
26:39i ran over
26:40to the baby mother's house
26:41at 10 o'clock at night
26:42and i said
26:42i got some good news
26:45they actually
26:45caught the guy
26:46that murdered
26:46their dad
26:48there was no doubt
26:49in my mind
26:49that he was the one
26:50who had pulled the trigger
26:51that day
26:52we were gonna take it
26:53to trial
26:54see if we could get it
26:55proven guilty
26:55but
26:56there's not gonna be
26:57much dna
26:58there's not gonna be
26:59the fingerprints
26:59it will be the eyewitnesses
27:02pointing in the courtroom
27:03at marquise
27:04saying that is the man
27:05i saw
27:06shoot
27:07and this is three years later
27:09now
27:10the prosecutor's gotta keep
27:11everybody on board
27:16getting to a guilty
27:17was gonna require
27:18three men
27:20archie and the two fellas
27:21he was with
27:22were gonna be pretty
27:23critical to the whole
27:24prosecution
27:26those are the three witnesses
27:27who made id
27:28and they needed not only
27:30to be available
27:31they needed to be willing
27:33and getting the three men
27:34on board
27:35isn't the only concern
27:36none of them
27:37had clean hands
27:38all three of them
27:40have been arrested
27:40before
27:41all three of them
27:41have had interactions
27:42with law enforcement
27:44our job is to
27:45take a look at the witness
27:47and see if there's
27:48a credibility
27:49reliability
27:49or bias issue
27:51marquise was saying
27:52he didn't do this
27:53he was vehement about it
27:55he wanted to go to trial
27:56me as a defense attorney
27:58I've had enough clients
27:59who will sit there
28:00and go
28:00I didn't do it
28:01I'm not guilty
28:02I'm innocent
28:03and yet
28:04marquise was saying it
28:06in a way
28:06that honestly
28:07had me
28:08really seriously
28:09looking at all the facts
28:11from his perspective
28:12with a level of intensity
28:14he wasn't there
28:15by his admission
28:16and so
28:18when we started looking
28:19at the different statements
28:20that individuals
28:21had made to police
28:22a lot didn't line up
28:24the defense's challenge
28:25is not to get
28:2612 people unanimously
28:27to say not guilty
28:28sometimes it's simply
28:30just to get one juror
28:31to have some reasonable doubt
28:33Archie had one version of it
28:36another witness
28:37had another version
28:38of it entirely
28:39when you start having
28:40those inconsistencies
28:41that makes me
28:42start looking into
28:43the credibility
28:44and reliability
28:44of those witnesses
28:45there's no question
28:46something bad happened
28:47that day
28:47no question that
28:49Shimon was murdered
28:50the simple question was
28:51can we prove to a jury
28:52that Marquise Johnson
28:54was the shooter
29:07I was excited
29:09about the trial
29:09because not only
29:11had we found Archie
29:12and the other guys
29:13he was with that day
29:15they were willing
29:15to testify
29:17four and a half years
29:18after Shimon's murder
29:20the trial begins
29:21I was kind of nervous
29:24but I went to the trial
29:25because I promised
29:27my sister
29:27I would get justice
29:28for her son
29:33on the second day
29:34of trial
29:35the prosecutor
29:35calls Archie
29:37to the stand
29:38anytime you've got
29:39somebody testifying
29:40who has
29:41a little bit
29:42of a criminal past
29:43that information
29:44is going to get
29:45in front of the jury
29:46I've always found
29:47it's better
29:47to get that information
29:48out front
29:49and not
29:50let the defense
29:51have an aha moment
29:52I hoped that they
29:53would be able
29:54to see past
29:54his convictions
29:55and focus on
29:56his testimony
29:58he took the stand
29:59and told essentially
30:00the same story
30:01from five years earlier
30:03put out the gun
30:05and it's like
30:06pow pow pow
30:06pow pow
30:10Archie did a pretty good job
30:11of explaining
30:12what had happened
30:12he had something
30:14bad happen to him
30:15the night before
30:15he called 911
30:17the next day
30:18something bad happens
30:19he calls 911 again
30:21he hangs around
30:21he talks to the detectives
30:22he does the interview
30:24I know he has
30:25a black hoodie on
30:26when you pull it
30:27out the pistol
30:30during his testimony
30:31Archie points out
30:33Marquise Johnson
30:34as the shooter
30:36but on cross
30:37the defense
30:38grills him
30:39on inconsistencies
30:40in his statements
30:41Archie Doby
30:42he tends to play
30:43hypeball
30:43he's not going
30:44to be straightforward
30:46I challenged Archie
30:48on how many people
30:48got out of the vehicle
30:51when he testified
30:51on direct
30:53and when he was
30:53trying to testify
30:54with me
30:55didn't match
30:56his police report
31:00he started making excuses
31:02Archie was getting
31:03pretty frustrated
31:05Brian Boheim
31:06was challenging him
31:07on things he remembered
31:08and where he was
31:09and who he was with
31:10at various points in time
31:12I think for all of us
31:13it's hard
31:14if you're recalling something
31:15or a story you told
31:16five years ago
31:17to tell it exactly
31:18the same way
31:18five years later
31:19we got to a point
31:20where he started talking
31:21about what allegedly
31:23my client was wearing
31:25they went to the apartments
31:27allegedly
31:29they saw my client
31:30and Archie described him
31:32as having different clothes
31:33on and running away
31:35Archie claimed
31:36that my client
31:37was wearing a t-shirt
31:38a white t-shirt
31:39but he had said
31:41on direct
31:42he was wearing a hoodie
31:43later when
31:44a shooting occurred
31:45that never sat right
31:47with me
31:48to me
31:49his testimony
31:50wasn't reliable
31:51and potentially
31:52wasn't credible
31:55Carol may be upset
31:56the way they was
31:57coming at Archie
31:58but I'm glad
31:59he didn't give up
32:00he kept going
32:02and he got through it
32:04the state calls
32:05the two other eyewitnesses
32:07the surviving victim
32:09and Archie's friend
32:10they all did fantastic
32:12they told basically
32:13the same story
32:14they had told
32:14five years earlier
32:15the other two witnesses
32:17each had their own problems
32:19one of them
32:20told an entirely
32:21different story
32:22of where they went
32:23and how they got there
32:25so the original
32:26incident with
32:28Archie Dobie's girlfriend
32:29happened here
32:30Easy Pond
32:31was one of the places
32:33that they picked up
32:34one of the individuals
32:35one witness
32:36was very clear
32:36they went to Quick Trip
32:37while another witness
32:39said
32:39they were at
32:40a smaller store
32:41and so
32:42the back and forth
32:44and the cross
32:45between
32:46you know
32:46all these different locations
32:48made it very confusing
32:49for the jury
32:50there's three different guys
32:52who saw things
32:53from three different perspectives
32:54one was in a car
32:55two were out of the car
32:56one got shot
32:57one didn't
32:58and they all three
33:00pointed at Marquise Johnson
33:01and said
33:02that's the shooter
33:07but the defense
33:08flags a key detail
33:09in the testimony
33:10of Archie's friend
33:11his identification
33:12was at issue
33:14there was a moment
33:15where I looked at him
33:16and said
33:17sir
33:18is the person
33:19that you saw
33:19doing the shooting
33:20in the courtroom
33:20he started looking around
33:23looked right
33:24at my client
33:26and then looked back
33:28and started staring
33:29at one of the jurors
33:32he looked down the line
33:33to the jury
33:34and he looked back
33:35in the gallery
33:35and he looked around
33:38Mr. Gray
33:38a well-trained litigator
33:40was able to refocus
33:42the witness
33:42and at that point
33:44the witness then
33:45pointed at my client
33:46and said
33:47that's him
33:49I think he probably
33:50had some bad eyesight
33:51but I think he also
33:52understood
33:53there was some gravity
33:54to that moment
33:55there's consequences
33:56if you say
33:57that's the guy
33:58who killed somebody
33:59and so I think
33:59he was taking his
34:01task seriously
34:02and wasn't just
34:03phoning it in
34:04as the prosecution rests
34:06felt good about our case
34:08I felt confident
34:09that Archie
34:10and his friends
34:10had put in front
34:11of the jury
34:12an incredibly compelling
34:14account
34:14that was supported
34:16by the physical evidence
34:17that crime scene
34:18and others had done
34:19and supported by the work
34:20of the medical examiner
34:21the defense
34:22calls their only witness
34:24to the stand
34:25we called the balcony witness
34:27in their police interview
34:28they were very clear
34:29that Marquise
34:30was not the shooter
34:31when someone
34:32doesn't have
34:33any bias
34:34or any dog
34:35in that fight
34:36if you will
34:36it should make them
34:38a much more reliable
34:40and credible witness
34:41I asked them directly
34:43was Marquise the shooter
34:44and the answer
34:46was no
34:49unequivocally
34:49no
34:51the balcony witness
34:52said they were able
34:53to see
34:54full on
34:55the shooter's face
34:58I was sitting there thinking
34:59that's not what she said
35:01five years ago
35:11right after the homicide
35:13the witness told detectives
35:15that they didn't get
35:17a very good look
35:18at the shooter's face
35:34if you listen carefully
35:37there's a hesitation
35:38when Sergeant Schilling
35:40showed that person
35:41that photo
35:42of the individual
35:43they did the shooting
35:44they sort of
35:45shied away from the person
35:47that tells me
35:48that there's something
35:50more going on
35:52did you see
35:53that guy out there
35:54that day
35:54during the
35:56all that
35:56no
35:56I'm telling you
35:58the guy Marquise
36:00that y'all
36:01think did the shooting
36:02is not the shooter
36:05the witness
36:06is being shown
36:08Marquise's photo
36:09and there's no hesitation
36:11absolutely not
36:12ultimately this case
36:13was going to be a question
36:14of who the jury believed
36:16if they introduce
36:17some doubt
36:18in at least
36:19one juror's mind
36:20it blows the whole case up
36:22that's nightmare scenario
36:32the balcony witness
36:34was never able
36:35to say conclusively
36:36that's the person
36:37I saw doing the shooting
36:38and on cross-examination
36:41the prosecutor
36:42draws attention
36:43to another detail
36:44in their testimony
36:45they said
36:46not only
36:47did they see
36:48some of the initial shots
36:49but that right at the end
36:50the shooter went
36:51and stood over
36:52Shymon's body
36:53and then continued
36:54to pour round
36:55after round
36:55after round
36:56into Shymon
36:58their story
36:59just got more exciting
37:00and more graphic
37:01and more awful
37:04helpful people
37:05they want to answer
37:06the question
37:07and they are going
37:08to try to
37:09communicate it
37:10in a way
37:11that they believe
37:12is going to
37:13be believed
37:14it's not
37:15an attempt
37:16to be dishonest
37:17it's an attempt
37:18to try to emphasize
37:19that they know
37:20what they saw
37:22just to make a point
37:23I asked witness
37:24about how far away
37:25they thought they were
37:26from the shooter
37:28and they said
37:29oh 20 or 25 feet
37:31the prosecution
37:32has the opportunity
37:33to call a rebuttal witness
37:34and I needed
37:35to pretty conclusively
37:36slam the door
37:37on what the balcony
37:38witness had to say
37:39the state calls
37:41Sergeant Schilling
37:41to the stand
37:42they said that
37:44the shooter
37:44had walked up
37:45on Shymon
37:46and shot him
37:47while he's on the ground
37:48that's pretty
37:49compelling testimony
37:50the unfortunate part
37:51is there's nothing
37:52to corroborate that
37:53so I explained
37:55to the jury
37:55there are no
37:56shell casings
37:57in the vicinity
37:57where Shymon
37:58went down to the ground
37:59there are no
38:01projectiles
38:02into the ground
38:03and there's no
38:04injuries on him
38:05that are consistent
38:06with close proximity
38:08gunshot
38:09and Schilling states
38:11there's another
38:11inaccuracy
38:12in the witness's claims
38:14I'd actually had
38:15the opportunity
38:15to measure the distance
38:17from the third story
38:18balcony
38:18towards the area
38:20the shell casings
38:21were located
38:21and it's 85
38:23to 100 feet
38:24so three to four times
38:26the distance
38:27they're describing
38:28everybody can do
38:30simple math
38:30and the jury
38:31I think pretty quickly
38:32knew that there was
38:33a large difference
38:33between the witness's
38:35estimation
38:3620-25 feet
38:37and what Corporal
38:38Schilling had measured
38:39of 85 to 100 feet
38:43listening to this witness
38:44was important
38:45I know victims
38:46can be wrong
38:47in their identification
38:48but when I see
38:50inconsistency
38:52after inconsistency
38:53I articulate that
38:54to a jury
38:55because jury trial
38:56is not beyond
38:57any doubt
38:58it's beyond
38:59a reasonable doubt
39:00and what this witness
39:01is describing
39:02is unreasonable
39:05I really think
39:06they were trying
39:07to provide
39:08an honest account
39:09I think they were
39:11just over eager
39:12and maybe
39:13kind of
39:14their mouth started
39:15writing checks
39:15that they couldn't cash
39:17potentially
39:18the memory
39:18of this person
39:19wasn't spot on
39:21on the side details
39:23but it had nothing
39:25to do with the
39:25identification
39:26of the shooter
39:27that person
39:28was just trying
39:29to do the right thing
39:30and came forward
39:32the jury leaves
39:33to deliberate
39:34I was nervous
39:35because we was
39:35all sitting there
39:37and I was just like
39:38I wonder how
39:38this is going to go
39:39you know
39:41six hours later
39:43the jury found
39:44Marquise Johnson
39:44guilty of murder
39:46in the first degree
39:58I think the jury's
40:00verdict was fair
40:01I think it reflected
40:02their thoughts
40:04on the idea
40:05that somebody
40:05would do something
40:07like this
40:08in broad daylight
40:09in an apartment complex
40:10where families
40:11and children live
40:12it can't bring back
40:14our loved one
40:15but I think it made
40:16us closer
40:18and I try to remember
40:19the good times
40:21we're going to do
40:22a balloon release
40:23in honor of Shaman
40:24if everybody
40:25can grab a balloon
40:27back in 2016
40:28before this happened
40:30Shaman came to me
40:32he said
40:32I ain't never had
40:33a birthday party
40:34I want you to throw
40:35me a birthday party
40:36and I said
40:36okay I got you
40:38then this happened
40:39oh Donna
40:40would you lead us
40:40in prayer real quick
40:42okay
40:42we're here in
40:44Shaman Jones
40:46he meant a lot
40:47to everyone here
40:48everything that he wanted
40:50is what I'm celebrating
40:51for today
40:52everyone to come together
40:54as a family
40:55we love on one another
40:56eat some good food
40:57and play a little dominoes
40:59that's what he loved
41:02we thank you
41:03heavenly father
41:04for this day
41:04we thank you
41:05father for family
41:07I just want the world
41:09to know that
41:09Shaman was a good person
41:11on the count of three
41:12we're gonna let the balloons
41:13go up
41:14go ahead and count us down
41:15Shaman
41:18three
41:19let's go
41:20and he got two beautiful
41:22children
41:22that he left behind
41:25and that's the sad part
41:26they didn't get a chance
41:28to really
41:29grow up
41:30and get that father figure
41:31that he wanted to give them
41:33I'm gonna miss
41:34his positive energy
41:37and his laugh
41:39he's gone
41:39but he's never forgotten
41:56John Brown was one of the coolest guys
41:58you'd ever work with
41:59he was one of the friendliest guys
42:00you'd ever work with
42:02he was a good friend of mine
42:04we were partners
42:04for the first
42:06six years
42:07that I was in homicide
42:08I really cut my teeth
42:09learning from him
42:12if I ever had to pick anybody
42:14to go
42:14find a killer with
42:16it would be him
42:16I kept them
42:18with me forever
42:20undercover
42:21burglary
42:22patrol
42:24robbery
42:25wherever I went
42:26he killed it with heart and soul
42:30just that
42:31that boisterous
42:32loud
42:33friendly
42:33kind
42:34he's just a wonderful human being
42:36he's gonna be
42:37really really missed
42:41he's a good friend
42:43great cop
42:44but even a better friend
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