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Thread: Peter Capote - Alabama Death Row

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    Peter Capote - Alabama Death Row


    Ki-Jana Freeman




    Colbert DA to seek death penalty in 2016 shooting case

    By Tom Smith
    Times Daily

    TUSCUMBIA – The Colbert County District Attorney will seek the death penalty for Peter Capote if he is found guilty of capital murder in the shooting death of Ki-Jana Freeman.
    Assistant Colbert County District Attorney Angela Hulsey recently filed the motion with Circuit Judge Hal Hughston Jr.’s office.

    “We’ve been preparing like they would seek the death penalty,” said Bill Marthaler, who along with Robert Graham is representing Capote.

    Capote, 23, 1100 Midland Ave., Muscle Shoals, is charged with capital murder, first-degree assault, and discharging a gun into an occupied vehicle.

    Police said Capote, Thomas Hubbad, 32, same address, Benjamin Owen Young, 29, 502 Staunton Ave., Florence, and De’Vontae Bernard Bates, 21, 106 Markate Ave., Muscle Shoals, are all charged in connection with the shooting death of Freeman, 19, of Tuscumbia.

    The shooting took place March 1 outside Spring Creek Apartments on Avenue A in Tuscumbia. Freeman died at Helen Keller Hospital in Sheffield.

    Tyler Blythe, 17, of Tuscumbia, was was flown to Huntsville Hospital, where he was treated for numerous gunshot wounds. He has been released and still is recovering from his injuries, police said.

    Capote, Hubbard and Young have all been indicted for capital murder, first-degree assault, and shooting into an occupied vehicle. Bates was indicted for criminal conspiracy.

    All four pleaded not guilty during preliminary hearings.

    The case against Capote has been placed on the Aug. 21 circuit court criminal docket.

    Chief Assistant Colbert County District Attorney Kyle Brown said prosecutors are seeking the death penalty against Capote because shooting into an occupied vehicle is a capital offense.

    During testimony at a preliminary hearing, police said more than a dozen 7.62-caliber shell casings were found at the scene of the shooting. Tuscumbia police investigator Wes Holland said the car Freeman and Blythe were in had “12 bullet holes, all in the driver’s side.”

    Capote, Hubbard and Young are being held without bail in the Colbert County Jail, while Bates is in jail on $500,000 bond.

    http://www.timesdaily.com/news/colbe...2e03d7651.html
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

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    Hubbard faces death penalty in Tuscumbia shooting

    By Tom Smith
    Times Daily

    TUSCUMBIA — The Colbert County district attorney intends to seek the death penalty if Thomas Hubbard is found guilty of capital murder.

    Hubbard, 32, 1100 Midland Ave., Muscle Shoals, was indicted in August 2016 on capital murder, first-degree assault and shooting into an occupied vehicle charges.

    Police said they believe Hubbard is the man who orchestrated the March 2016 shooting that left one man dead and another seriously wounded.

    Peter Capote, 24, same address, and Benjamin Owen Young, 29, 502 Staunton Ave., Florence, have also been indicted for capital murder, first-degree assault and shooting into an occupied vehicle. De’Vontae Bernard Bates, 21, 106 Market Ave., Muscle Shoals, has been indicted for criminal conspiracy.

    Tuscumbia Police Chief Tony Logan said the four are accused of shooting and killing Ki-Jana Freeman, 19, and injuring Tyler Blythe, 17, both of Tuscumbia, on March 1, 2016, outside Spring Creek Apartments on Avenue A in Tuscumbia.

    http://www.timesdaily.com/news/crime...e95b0757d.html
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

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    Attorneys file motion questioning capital murder indictment

    By Tom Smith
    Times Daily

    TUSCUMBIA – Defense attorneys for a Colbert County man who faces the death penalty if he is found guilty of capital murder have filed a motion to dismiss the case.

    Florence attorneys David Bradley and Jamy Poss filed a motion in Colbert County court asking Circuit Judge Jackie Hatcher to dismiss the indictment against their client, Thomas Hubbard.

    The motion claims the indictment violates the Fifth, Sixth, Eighth and 14th Amendments and a new grand jury should hear the case.

    In the motion, Bradley and Poss claim the indictment “fails to specify the aggravating circumstance on which a death sentence may be imposed.”

    Hubbard was indicted Aug. 11, 2016 in connection with the shooting death of Ki-Jana Freeman, 19, of Tuscumbia.

    The motion states the indictment does not contain the “fact finding necessary” to subject Hubbard to a death sentence.

    Earlier this month the Colbert County District Attorney’s Office gave notice it will seek the death penalty if Hubbard is convicted of capital murder.

    Bradley said the law is specific when it comes to death penalty cases as to aggravating circumstances.

    “The specifications are high, and should be, because we are dealing with a man’s life,” Bradley said.

    A date has not been set for the hearing on the motion.

    Hubbard, 32, 1100 Midland Ave., Muscle Shoals, faces charges of capital murder, first-degree assault and shooting into an occupied vehicle.

    Police believe Hubbard is the man who orchestrated the March 1, 2016, shooting that killed Freeman and seriously injured a teenager in the parking lot of a Tuscumbia apartment complex.

    Hubbard’s case was on the August trial docket but was moved to the Jan. 29 docket.

    Peter Capote, 24, also of 1100 Midland Ave., Muscle Shoals, and Benjamin Owen Young, 29, 502 Staunton Ave., Florence, have also been indicted for capital murder, first-degree assault and shooting into an occupied vehicle.

    De’Vontae Bernard Bates, 21, 106 Market Ave., Muscle Shoals, has been indicted for criminal conspiracy.

    Tuscumbia Police Chief Tony Logan said the four are accused of shooting Freeman and injuring Tyler Blythe, 17, both of Tuscumbia.

    The four men have all pleaded not guilty in connection with the shooting that occurred outside Spring Creek Apartments on Avenue A in Tuscumbia.

    Freeman died at Helen Keller Hospital in Sheffield, while Blythe was flown to Huntsville Hospital where he was treated for numerous gunshot wounds. He has been released and still is recovering from his injuries, police said.

    Police said the shooting was captured on security video at the apartment complex.

    Authorities said according to a witness, Young was the driver, Capote was the person who got out with a long gun, and Hubbard was a passenger watching the incident.

    Investigators said the shooting was in retaliation for someone breaking into Hubbard’s house and taking a television and Xbox. Police said Hubbard believed it was Freeman and a friend of his who did the burglary.

    Capote, Hubbard and Young are being held without bail in the Colbert County Jail, while Bates is in jail on $500,000 bond.

    http://www.timesdaily.com/news/crime...cc21fb57b.html
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

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    Suspect who lured teen to where shooting happened pleads guilty


    By Tom Smith
    Times Daily

    TUSCUMBIA — A man accused of setting up a deadly 2016 shooting that took place outside a Tuscumbia apartment complex has pleaded guilty to his involvement.

    De’Vonta Bernard Bates, 21, 106 Market Ave., Muscle Shoals, pleaded guilty to conspiracy to commit murder.

    Assistant District Attorney Kyle Brown said Bates will be sentenced in March. He said the recommendation is for 20 years.

    Bates is one of four men charged in connection with the shooting death of Ki-Jana Freeman, 19, of Tuscumbia. Tyler Blythe, 17, also of Tuscumbia, was injured in the shooting.

    Thomas Hubbard, 33, 1100 Midland Ave., Muscle Shoals; Peter Capote, 24, same address; and Benjamin Owen Young, 30, 502 Staunton Ave., Florence; have all been indicted for capital murder, first-degree assault, and shooting into an occupied vehicle.

    The shooting took place March 1, 2016, outside Spring Creek Apartments on Avenue A in Tuscumbia.

    Brown said the decision to accept a plea agreement was made after talking with Freeman’s family.

    “We discussed it with them, and they were in full agreement with the plea,” Brown said

    He said Bates was scheduled to be tried during the Oct. 16 criminal court week.

    “We were preparing for the trial when the agreement was reached,” Brown said. “Now, we will move on to the other defendants.”

    Earlier this year, Bates applied for youthful offender status, since he was younger than 21 when the crime occurred.

    In March, during a hearing, Hatcher denied the applications and said Bates would be tried as an adult.

    Bates was indicted for criminal conspiracy to commit murder, which is a Class A felony.

    Police said Bates is accused of luring Freeman to the parking lot where he was killed.

    Authorities said reports indicate Bates admitted to police he was to text Freeman and get him to come to the parking lot to buy an Xbox.

    Tuscumbia Police Chief Tony Logan said Freeman died at Helen Keller Hospital in Sheffield, while Blythe was flown to Huntsville Hospital where he was treated for numerous gunshot wounds. Blythe has been released and still is recovering from his injuries, police said.

    Authorities said when Freeman and Blythe pulled up at the apartment complex, a video caught three men identified as Young, Capote and Hubbard pulling up in a truck and opening fire on the vehicle the two men were sitting in.

    Police said there were 12 bullet holes, all in the driver’s side of the car Freeman and Blythe were in.

    Investigators believe Hubbard orchestrated the shooting as retaliation for someone breaking into his house and taking a television and Xbox. Police said Hubbard believed Freeman was involved in the burglary.

    Capote, Hubbard and Young are being held without bail in the Colbert County Jail, while Bates is in jail on $500,000 bond.

    http://www.timesdaily.com/news/suspe...d1ab226c9.html
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

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    Colbert capital case set to begin Jan. 29

    By Tom Smith
    Times Daily

    TUSCUMBIA — Authorities said the capital murder trial of a man accused of being involved in the March 2016 shooting death of a Tuscumbia man will begin Jan. 29.

    Colbert County Assistant District Attorney Kyle Brown said following Wednesday’s pretrial conference that the date was confirmed for the trial of Benjamin Young.

    Young, 30, 502 Staunton Ave., Florence, is charged with capital murder, first-degree assault and shooting into an occupied vehicle.

    Thomas Hubbard, 33, 1100 Midland Ave., Muscle Shoals, and Peter Capote, 24, same address, have also been indicted on the same charges.

    The Colbert County district attorney’s office has filed notices of its intent to seek the death penalty in all three cases.

    The men are accused of shooting and killing Ki-Jana Freeman, 19, and injuring Tyler Blythe, who was 17 at the time, on March 1, 2016.

    Police believe Hubbard is the man who orchestrated the shooting but Capote and Young took part in the death of Freeman and seriously injured Blythe.

    The case is being heard by Colbert County presiding judge Hal Hughston Jr.

    http://www.timesdaily.com/news/crime...904ea3b1b.html
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

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    Fifth suspect jailed in 2016 shooting at Tuscumbia apartment

    By Anna Beahm
    al.com

    A fifth suspect has been charged in the March 1, 2016 payback shooting death of Tuscumbia teen Ki-Jana Freeman.

    Riley Earl Hamm III, 30, of Sheffield, was arrested around 10 a.m. Tuesday. He is charged with one count each of murder and hindering prosecution, Tuscumbia Police Chief Tony Logan said.

    Logan said Hamm was a person of interest early in the investigation, but police did not have enough evidence to charge Hamm until some witnesses were recently interviewed again.

    "New evidence came to light as part of re-interviewing witnesses and going through evidence," Logan said. "When we felt we had discovered enough evidence to re-look at Hamm as a suspect, we met with the district attorney's office and decided we had enough evidence to charge him."

    Logan said he could not say what Hamm did to interfere with the prosecution.

    Three other suspects have been charged with capital murder in the killing including Thomas Hubbard, 31, of Berwin, Illinois, Peter Capote, 22, of Bensonville, Illinois, and Benjamin Young, 29, of Florence.

    Freeman was shot to death and a 17-year-old was critically injured while they sat in Freeman's Mustang in the parking lot of Spring Creek Apartments in Tuscumbia.

    The suspects are accused of arranging to either buy or sell an Xbox to Freeman, but the transaction was a setup, authorities have said.

    The suspects believed Freeman, 19, and another man had stolen an XBox and TV two days earlier in a burglary of the home that Hubbard and Capote shared. Hubbard and Capote, who are originally from the Chicago area had been living in Alabama for about a month

    A man who had initially agreed to participate in the set-up told investigators that one plan involved kidnapping Freeman, taking him to a separate location and torturing him before killing him. The man said he ultimately decided he couldn't go through with the plot - though he had gotten in touch with Freeman about meeting to buy the XBox.

    De'Vontae Bernard Bates, 21, 106 Market Ave., Muscle Shoals, pleaded guilty to criminal conspiracy last year and has agreed to testify about the plan to kill Freeman.

    Bates will be sentenced on March 15.

    Young is set to go to trial Jan. 29, Logan said.

    "When you have a case that involves this many defendants, it's progressive and you will develop other suspects who could have been involved. Then, you pursue those leads," Logan said.

    Hamm was being held in Colbert County Jail with bail set at $100,000.

    Logan said this case is still considered open.

    http://www.al.com/news/index.ssf/201...in_2016_s.html

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    Capital murder trial begins

    By Tom Smith
    The Times Daily

    TUSCUMBIA — Opening statements and testimony are slated to begin this morning in the capital murder trial of a Florence man who is charged in connection with the 2016 shooting death of a Tuscumbia resident.

    Assistant District Attorneys Kyle Brown and Angela Husley, along with defense attorneys Nathan Johnson and B.T. Gardner, questioned potential jurors throughout the day Monday to narrow the pool down to a jury of 12, plus alternates.

    Benjamin Young, 30, 502 Staunton Ave., Florence, is charged with capital murder, first-degree assault and shooting into an occupied vehicle.

    The Colbert County District Attorney’s Office has filed notices of its intent to seek the death penalty in the case.

    Young is accused of being involved in killing Ki-Jana Freeman, 19, and injuring Tyler Blythe, who was 17 at the time. The shooting occurred March 1, 2016, outside Spring Creek Apartments on Avenue A in Tuscumbia.

    Police Chief Tony Logan said Blythe was flown from the scene to Huntsville Hospital to be treated for numerous gunshot wounds. He has been released and still is recovering from his injuries.

    Freeman died at Helen Keller Hospital in Sheffield.

    Riley Earl (Trey) Hamm III, 30, Grove Avenue, Muscle Shoals, was charged with murder and hindering prosecution.

    Thomas Hubbard, 33, 1100 Midland Ave., Muscle Shoals, and Peter Capote, 24, same address, have been indicted on charges of capital murder, first-degree assault and shooting into an occupied vehicle.

    De’Vonta Bates, 21, 106 Market Ave., Muscle Shoals, pleaded guilty in October 2017 to conspiracy to commit murder. He is scheduled to be sentenced in March.

    Police said the shooting was captured on security video at the apartment complex.

    Authorities said according to a witness, Young was the driver of the truck that pulled up outside the apartment complex. Police said Young was also one of the suspects who got out of the vehicle and shot at Freeman and Blythe.

    Investigators said the shooting was in retaliation for someone breaking into the house of Hubbard and taking a television and a Xbox. Police said Hubbard believed it was Freeman and a friend of his who did the burglary.

    Young is being held without bail in the Colbert County Jail.

    The trial, which is heard by Colbert County presiding Judge Hal Hughston Jr. is expected to last all week.

    http://www.timesdaily.com/news/crime...33cc36b4e.html
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

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    Testimony begins in capital murder case

    By Tom Smith
    The Times Daily

    TUSCUMBIA — Tyler Blythe said when the shooting started, he looked at his friend Ki-Jana Freeman, saw his eyes roll back and blood come out of his mouth, then Freeman reached out to take his hand.

    Blythe, who was 17 at the time, said he and Freeman were sitting in Freeman’s car in the parking lot of Spring Creek Apartments the night of March 1 when the shooting occurred.

    He said they saw a white truck back up from a parking space and thought it was leaving.

    Blythe said Freeman looked in the rearview mirror and said something.

    “Before I could ask what, the shooting started,” said Blythe who was shot 13 times. “The shooting went on two or three minutes. Ki-Jana was hit; I was hit. I don’t know how many shots were fired.”

    He said it seemed like more than one person was shooting.

    Blythe’s testimony came Tuesday afternoon in the first day of the trial of Benjamin Young.

    Young, 30, 502 Staunton Ave., Florence, is charged with capital murder, first-degree assault and shooting into an occupied vehicle.

    Blythe said as soon as the shooting stopped, he checked on his friend, who was slumped on the steering wheel.

    “He couldn’t speak. He wasn’t moving,” Blythe said. “I picked up my phone and called 911.”

    Jurors heard the 911 call.

    During opening statements, Assistant District Attorney Angela Hulsey said the shooting was over “disrespect.”

    Hulsey said it all started Feb. 28 when someone broke into the Muscle Shoals home of Thomas Hubbard.

    She said it happened while Hubbard and other family members were attending his grandmother’s funeral. Reports indicate the back door of his Midland Avenue house was “kicked in.” A television, some cash and a Xbox were taken.

    “Hubbard wanted revenge; he felt disrespected,” Hulsey said.

    Police said Hubbard believed Freeman was the person who broke into his house.

    Hulsey said Hubbard devised a plan to get his revenge, which was to kill the person or persons who broke into his house.

    She said Young and Peter Capote were involved in carrying out the plan.

    Hubbard and Capote have both been charged with capital murder, first-degree assault and shooting into an occupied vehicle.

    Riley Earl (Trey) Hamm III, 30, Grove Avenue, Muscle Shoals, was charged with murder and hindering prosecution. De’Vonta Bates, 21, 106 Market Ave., Muscle Shoals, pleaded guilty in October 2017 to conspiracy to commit murder. He is scheduled to be sentenced in March.

    During Tuesday’s testimony, defense attorney B.T. Gardner challenged Freeman’s character by asking the victim’s girlfriend if she knew he sold drugs.

    “How long had you known K.J. was a drug dealer?” Gardner asked Haley Burgne.

    “I don’t know why he sold drugs. He had been doing it for some time,” she answered.

    Burgne said she had been messaging Freeman throughout the afternoon and that night. She said he told her he was going to sell an Xbox to someone. She said later he told her he was meeting Bates to get money he was owed.

    During cross examination, Blythe admitted he and Freeman were at the apartment complex to sell acid (LSD).

    “I don’t do that stuff. That’s what I was told it was,” Blythe said. He said he found out when they got to the apartment complex.

    “What happened to the acid that night?” Gardner asked.

    “I don’t know,” Blythe answered.

    Blythe told Hulsey he did not see any acid that night.

    “You don’t know if (Freeman) had any or not?” she asked.

    “No,” Blythe answered.

    Testimony continues today in Colbert County Circuit Judge Hal Hughston’s courtroom.

    http://www.timesdaily.com/news/crime...97a752de4.html
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

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    Witness identifies suspect as shooter

    By Tom Smith
    The Times Daily

    TUSCUMBIA — A Colbert County man who has already pleaded guilty to conspiracy to commit murder in the shooting death of Ki-Jana Freeman testified this morning he recognized Benjamin Young from a video as one of the people who got out of a vehicle and shot Freeman on March 1, 2016.

    The testimony from Da'Vante Bates came during the second day of Young's capital muder trial. Young, Thomas Hubbard, Peter Capote, Riley "Trey" Hamm and Bates have all been arrested in connection with the shooting that killed Freeman and injured Tyler Blyth, who was 17 at the time.

    Young, Capote and Hubbard are charged with capital murder. Hamm is charged with murder and hindering prosecution.

    Police contend Capote and Young were the shooters.

    http://www.timesdaily.com/news/crime...3af98a017.html
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

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    Testimony: Girlfriend bought ammunition before deadly shooting

    By Tom Smith
    The Times Daily

    TUSCUMBIA — The former girlfriend of Benjamin Young testified Friday she purchased ammunition for a SKS rifle a few hours before Ki-Jana Freeman was killed March 1, 2016, during a shooting outside Spring Creek Apartments.

    Megan Bryant, who now lives in south Alabama, testified she was living with Young, and on the night of the shooting, Young drove her to a business in Florence where she was instructed to buy ammunition.

    Bryant said she didn’t know what caliber ammunition she bought, but a receipt from the business showed it was 7.62-caliber rounds, which police say is the same caliber shell casing found outside the car Freeman was in at the time of the deadly shooting.

    Young, 30, 502 Staunton Ave., Florence, is on trial for capital murder, first-degree assault and shooting into an occupied vehicle.

    He is accused in the March 1, 2016, shooting death of Freeman, 19, of Tuscumbia. Tyler Blythe, who was 17 at the time, was injured in the shooting.

    Testimony indicated the shooting was a gang-related retaliation after a member’s house in Muscle Shoals was broken into and several items taken.

    Testimony during the trial has revealed Thomas Hubbard, Peter Capote, Young and Riley “Trey” Hamm III were all high-ranking members in the gang. It was believed it was Freeman who was involved in the burglary of Hubbard’s house on Feb. 28.

    Hubbard and Capote have both been charged with capital murder, first-degree assault and shooting into an occupied vehicle.

    Hamm is charged with murder and hindering prosecution.

    Wednesday, Tuscumbia police detective Sgt. Wes Holland testified 15, 7.62-caliber rifle shell casings were collected from the parking lot outside the victim’s car. He said more than a dozen shots hit the car.

    Austin Hammonds and Da’Vonta Bates, two members of the gang, also testified Hubbard, the leader of the gang, owned a SKS semiautomatic rifle that fired 7.62-caliber ammunition, a 45-caliber pistol and a .22-caliber revolver.

    During cross examination Friday by defense attorney Ben Gardner Jr., Bryant admitted that she was using drugs the day she bought the ammunition for Young.

    “When did you start taking drugs that day?” Gardner asked.

    “When I got up, about (11 a.m. or noon),” she said.

    She said she would smoke marijuana and then take “anything I could get my hands on.”

    “You were high when all this happened?” Gardner asked.

    “Yes,” she answered.

    Also Friday, Holland and Colbert County sheriff’s investigator John Harkins testified about finding a SKS rifle believed to be the one used in the shooting. The rifle was found in a rural area of Franklin County.

    Holland said he learned of where the gun might be located after talking with an inmate who was with Hubbard in the Colbert County Jail.

    Shawn Settles said he saved “kites” (jail house notes) that were passed from Hubbard to him and then on to Capote in a “dip can” while they were in jail together.

    He admitted his attorney had reached an agreement with the district attorney’s office to reduce his sentence for his testimony in the case.

    Holland testified the information he got from Settles was instructions as to where the rifle had been buried.

    He and Harkins testified that the weapon, along with an ammunition clip, were found in two black plastic bags.

    http://www.timesdaily.com/news/crime...3ec9100a7.html
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

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