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| Voluntary manslaughter in Sandy Level shooting |
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Wednesday, October 14, 2009
By AMANDA BUCK - Bulletin Staff Writer
A 21-year-old Axton man pleaded guilty Tuesday to voluntary manslaughter for shooting another man to death last May in Sandy Level.
Jerel Maceo Norman, whose last address was 7230 Axton Road, faces a maximum sentence of 10 years in prison for the shooting death of Lewis Anthony “A.J.” Dillard Jr., said Assistant Henry County Commonwealth’s Attorney Andrew Nester, who prosecuted the case.
Norman entered the plea in Henry County Circuit Court on Tuesday afternoon as part of a “charge bargain,” Nester said. As part of that arrangement, Norman, who initially was charged with first-degree murder, pleaded guilty to the lesser charge. Two additional charges, robbery and use of a firearm in the commission of a felony, were dropped.
Nester said he believes the outcome is what a jury would have decided had the case gone to trial.
“There would have been evidence presented that the victim reached for something, and at that time, the defendant then shot him,” Nester said.
That likely would have made it difficult to prove premeditation, which is a required element of first-degree murder, Nester said. The maximum penalty for first-degree murder is life in prison.
Nester said that to his knowledge, Dillard was not armed when he was shot.
Norman’s defense attorney, Mark Williams of Danville, described his client’s actions as “imperfect self-defense,” Nester said.
Dillard, 18, was shot around 10 p.m. May 24 just off Axton Road in Sandy Level. His body was found in a gravel driveway there, police have said.
According to witness statements, the two men exchanged words shortly before the shooting, Nester said.
“Apparently, there was some type of run-in” between the men some time before that night, Nester said. Allegedly, “the victim was involved in some sort of street robbery with the defendant that apparently led to some ill feelings,” Nester added.
Nester was not sure what Dillard allegedly took from Norman.
Of the four people police found who witnessed the shooting, two saw Norman pull the trigger, and two others heard shots and saw him standing near Dillard’s body immediately after the shooting, Nester said.
Dillard was shot three times. He was hit in the left chest, left elbow and right buttocks, Nester said.
A test of the bullets identified the weapon as a 9 mm pistol, the prosecutor said.
After the shooting, money and “what appeared to be drugs” were found lying by Dillard’s body, Nester added.
At least one witness reported seeing Norman go through Dillard’s pockets after he fell, which is why Norman was charged with robbery, Nester said. However, “as time went on and more investigation took place and everything unfolded, we did not feel we could prove robbery beyond a reasonable doubt,” he said.
No one testified during Tuesday’s hearing, Nester said.
A sentencing hearing was set for Dec. 16. Voluntary manslaughter is punishable by not less than one year and not more than 10 years in prison, according to Nester.
Norman is being held in the Henry County Jail. His attorney could not be reached for comment Tuesday afternoon. |
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