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Thread: Death Penalty Trial Set for Courtney Lebron High in 2018 TN Murder of Bianca Horton

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    Death Penalty Trial Set for Courtney Lebron High in 2018 TN Murder of Bianca Horton


    Bianca Horton


    Courtney Lebron High


    State to seek death penalty for 3 accused of killing woman for testifying in daughter's shooting [photos, documents]

    By Rosana Hughes
    The Chattanooga Times-Free Press

    The three men accused in the 2016 murder of 26-year-old Bianca Horton may face the death penalty if convicted.

    Hamilton County District Attorney Neal Pinkston filed a notice of intent Wednesday to seek the death penalty against Andre Grier, 31; Charles Shelton, 28; and Courtney High, 27.

    The men are accused of killing Horton to prevent her from testifying against fellow gang member Cortez Sims, who was accused of shooting Horton's daughter and killing another woman, 20-year-old Talitha Bowman.

    Sims was convicted of Bowman's murder last year.

    If the men are convicted, a separate sentencing hearing will be held during which the state will ask for the death penalty. But for a death sentence to stick, prosecutors have to prove the murder was committed under certain circumstances, according to state law.

    In the notice filed Tuesday, the state lists three circumstances on which it will rely:

    » The murder involved serious physical abuse beyond what is necessary to cause death.

    » The murder was committed for the purpose of interfering with a lawful arrest or prosecution of the defendant.

    » The murder was knowingly committed, solicited, directed or aided by the defendant.

    Attorneys for the men either did not return a request for comment or declined to do so.

    A spokeswoman for the District Attorney's Office declined to comment, citing a gag order in the case.

    All three men remain in the Hamilton County Jail on bonds that range from $1.2 million to $1.4 million.

    The series of homicides began in the early morning hours of Jan. 7, 2015, when police say Sims burst into a College Hill Courts apartment and opened fire, fatally wounding Bowman and wounding two others, one of whom was Horton's 1-year-old daughter, Zoey Duncan.

    Chattanooga Police officer Brandon Herring grabbed Zoey, wrapped in a blood-soaked towel, and jumped in the back seat of Officer Clayton Holmes' car and sped to the hospital without waiting for an ambulance. She underwent emergency surgery but remains paralyzed from the waist down.

    A little over a year later, Horton was found dead on the side of the road in the 2100 block of Elder Street on May 25, 2016. She had been shot six times, and multiple bullet casings lined the ground around her.

    The murder charges against Grier, Shelton and High were first handed down during a grand jury's indictment of 54 Athens Park Bloods gang members in March under the state's Racketeer Influenced and Corrupt Organization Act.

    Of the 54, seven — including Grier, Shelton and High — were charged with murder. High received two additional murder charges connected to the separate shooting deaths in 2016 of Marquise Jackson and Jerica Jackson (the two are not related).

    Now that the death penalty will be sought, the men will have to secure or be appointed lawyers qualified to take on capital murder cases.

    Tennessee's Administrative Office of the Courts states courts must appoint two attorneys to represent defendants in capital cases, and it spells out a list of the minimum qualifications for such attorneys.

    Some of those include having regularly participated in criminal jury trials for at least five years and completed at least six hours every two years of training in defending those charged with a capital offense.

    In Tennessee, there are only 56 lawyers qualified to take on death penalty cases, as self-reported to the administrative office. Of those, only 31 are public defenders. Only one practices here in Chattanooga.

    It's not clear if the attorneys appointed to defend Grier, Shelton and High are all qualified in capital cases.

    The last person sentenced to death in Hamilton County was Marlon Kiser in 2003. He was convicted of murdering Hamilton County sheriff's deputy Donald Bond.

    Prosecutors said Kiser ambushed Bond early on the morning of Sept. 6, 2001, spraying bullets from a high-powered rifle when the deputy interrupted Kiser's attempt to set fire to a fruit stand on East Brainerd Road. A jury found him guilty of murder and sentenced him to death.

    Since then, prosecutors have filed to seek the death penalty in other cases, but those defendants took guilty pleas to avoid the sentence. The most recent of those was Jessee Matthews in 2012, also convicted of killing a law enforcement officer, Chattanooga Police Department Sgt. Tim Chapin in 2011.

    Matthews was sentenced to life in prison without parole plus 25 years.

    https://www.timesfreepress.com/news/...horton/477014/
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    Hamilton County Grand Jury adds defendant, more charges in new gang racketeering indictment

    The Chattanooga Times-Free Press

    In a superseding indictment filed Tuesday, a Hamilton County grand jury added a defendant and piled on more charges against the Athens Park Bloods gang members who are being prosecuted as a criminal enterprise under the state's Racketeer Influenced and Corrupt Organization Act.

    A 55th unidentified defendant was added to the 54 who were indicted in March, and collectively they are now facing 25 different charges, rather than 13 under the original indictment.

    The new defendant hasn't been identified because that person has not yet been arrested.

    In the new, 36-page presentment, one of the original 13 charges was removed. In its place are a slew of new charges ranging from possession of cocaine for resale to solicitation and facilitation of first-degree murder.

    Of the original seven who were charged with murder, an eighth person has been added. Eric McReynolds is accused of killing Edward Glenn Jr. during a robbery in January 2013.

    In the new presentment, prosecutors included more specifics for each person's prior charged crimes and how they relate to gang activity.

    That information was missing for a majority of defendants in the previous indictment, something criminal justice experts previously told the Times Free Press is a fairly common approach. If a case drags on with vague information, a defendant might be more likely to flip and testify against someone else. It's the same strategy federal prosecutors used to take down mob bosses and leaders of other criminal syndicates.

    A court date for the new charges has not yet been set, according to online Hamilton County Court records.

    The indictment stems from a coordinated effort that began months ago when Chattanooga Police Chief David Roddy and District Attorney General Neal Pinkston decided to use the district attorney's cold case unit to review a string of unsolved homicides.

    A spokeswoman for the DA declined to comment.

    Prosecutors say the street gang is responsible for murdering a state witness, starting fires, robbing houses, conspiring with other alleged members to sell drugs, and helping other alleged associates bond out of jail.

    Tuesday's indictment was filed a day before the state filed a notice of intent to seek the death penalty against Andre Grier, 31; Charles Shelton, 28; and Courtney High, 27. The men are accused of killing 26-year-old Bianca Horton to prevent her from testifying against fellow gang member Cortez Sims, who was accused of shooting Horton's daughter and killing another woman, 20-year-old Talitha Bowman.

    Sims was convicted of Bowman's murder last year and is serving a life sentence at a state prison.

    https://www.timesfreepress.com/news/...eering/477166/
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    Judge appoints lawyers for men facing death penalty in gang racketeering case

    By Zack Peterson
    The Chattanooga Times-Free Press

    A Hamilton County, Tennessee judge Monday appointed lawyers for three men who face the death penalty for allegedly kidnapping and then killing a state's witness in 2016 as part of the state's gang racketeering case.

    Andre Grier, Courtney High and Charles Shelton could be sentenced to death if they're convicted in the May 2016 slaying of Bianca Horton. Prosecutors say the three men kidnapped Horton from near her workplace, shuttled her into a van, killed her and then cleaned the evidence so the 26-year-old mother couldn't testify against Cortez Sims, who was then facing trial for a fatal 2015 shooting that also injured Horton and paralyzed her baby.

    All three are being held on $1.5 million bonds, and the allegations against them are at the center of a criminal case against 55 men and women who prosecutors say participated in fraudulent and criminal matters for the Athens Park Bloods street gang.

    Since prosecutors filed notices last month to seek the death penalty, Hamilton County Criminal Court Judge Tom Greenholtz said he wanted to ensure Grier, High and Shelton had competent counsel. Hamilton County prosecutors last sought the death penalty against Marlon Kiser, who was convicted in 2003 of killing Hamilton County Sheriff's Office Deputy Donald Bond in 2001.

    In this case, Grier received Knoxville attorney Thomas Slaughter and a second associate; High received Chattanooga attorney Steve Moore in addition to his current counsel, Fisher Wise; and Charles Shelton received Chattanooga defense attorney Dan Ripper. Defendants facing the death penalty must be represented by two lawyers, and Greenholtz said he's searching for another appointment for Shelton.

    Monday was the first time the majority of the defendants appeared, either in person or by video conference from custody, since prosecutors dismissed their first presentment and issued new charges against the alleged gang members. As a result, the defendants had to be arraigned once more, and those who showed up pleaded not guilty through their attorneys.

    In their first March presentment, prosecutors charged the Athens Park Bloods gang with dealing illegal drugs, committing robberies and arson, lying to authorities about their crimes, using the proceeds of illegal activities to bail other members out of jail and pay legal fees and coordinating plans over partially untraced three-way phone calls with incarcerated members. They charged 54 people with at least participating in the conspiracy. Others, including Grier, High and Shelton, faced additional murder charges for previously unsolved homicides.

    The first presentment, however, did not outline what prior crimes the majority of defendants committed in furtherance of the gang. After defense attorneys pushed the state for more information and evidence, prosecutors issued a new presentment last month with details on each defendant's prior crimes. According to court filings, some defense attorneys believe their clients should be dismissed from this indictment, too.

    For example, in a motion filed Aug. 30, attorney Philip Wells said prosecutors are violating constitutional rights by relying on arrests that happened before legislators changed the RICO law in 2012 to prosecute gang members. Furthermore, Wells said, prosecutors don't have two prior arrests within two years of each other against his client, Rodney Lomnick Jr., as the RICO law calls on them to have.

    Prosecutors haven't filed a response yet, but the next scheduled court date is Nov. 24.

    https://www.timesfreepress.com/news/...-penal/479727/
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    One of RICO defendants facing death penalty pleads not guilty

    By Zack Peterson
    Times Free Press

    Courtney High, one of the three men facing the death penalty for the 2016 death of a state's witness, pleaded not guilty Monday.

    During a reading of the charges, Hamilton County District Attorney General Neal Pinkston said High conspired with two other men, Andre Grier and Charles Shelton, to kidnap and kill a state's witness in May 2016. At the time, witness Bianca Horton planned to testify against Cortez Sims, who, at 17, opened fire in a College Hill Courts apartment, killing 20-year-old Talitha Bowman, injuring Horton and a second man and paralyzing Horton's then nearly two-year-old child.

    Pinkston said Horton left her workplace on Quintus Loop in Chattanooga on May 24, 2016, and was found the next day dumped on Elder Street, her body riddled with bullets.

    Authorities found two cellphones in her car, Pinkston said, and found three numbers associated with Grier and Shelton within the cellular data. Those numbers were near the area of Horton's workplace, when she returned to the apartment and also near the site where she was dumped, Pinkston said.

    To complete the act, Grier purchased a white van that he and Shelton later moved to a location on O'Leary Street, Pinkston said. The Federal Bureau of Investigation located that vehicle, swabbed it and found Shelton's fingerprints and DNA, Pinkston said.

    In addition to cellular and forensic data, prosecutors connected the dots using recorded jailhouse phone calls where several people discussed Horton's death, Pinkston said.

    Steve Moore, one of High's attorneys, pleaded not guilty on behalf of his client and noted that High isn't specifically named in some of the allegations. The other defendants, Grier and Shelton, haven't pleaded guilty or not guilty yet and are in the process of getting legal appointments and filing motions.

    This death penalty case is part of Pinkston's racketeering indictment against 55 people men and women who are accused of being committing either criminal or fraudulent behavior on behalf of the Athens Park Bloods street gang. Some are charged with facilitating drug sales and murders for the gang. Others are included because of past criminal history that prosecutors believe is linked to the gang. Their defense attorneys are mostly either contesting the state law or asking for evidence that proves that link.

    Since the defendants are all currently being tried together, prosecutors will likely sever Grier, High and Shelton's proceedings.

    This is a developing story. Please check back later for more developments.

    https://www.timesfreepress.com/news/...guilty/480159/
    "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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    Prosecutors seek the death penalty for three RICO defendants

    One of the men accused of killing Bianca Horton is 2016 could face the death penalty.

    By Tim Pham
    WRCB-TV

    Prosecutors are seeking the death penalty against Courtney High and two other men accused of killing a state witness in 2016.

    Hamilton County District Attorney General Neal Pinkston named the three men in a 55-person RICO racketeering indictment filed earlier this year.

    On Monday, Pinkston spent about three hours reading a list of charges High faces including the death of a witness that never made it to the stand.

    Prosecutors said Courtney High, Andre Grier and Charles Shelton killed Bianca Horton in 2016. Pinkston said the trio conspired together to kill the 26-year-old mother so she wouldn't testify against Cortez Sims, who was on trial for murder.

    Pinkston detailed evidence linking all three men to the murder and explained how the FBI used forensics in the vehicle they used.

    "Should the defendant be convicted of murder in the first degree a sentencing hearing would be required and the state of Tennessee will ask for the death penalty," Pinkston said.

    Moving forward the state said they would rely on three aggravated circumstances:

    The murder was especially heinous and caused death.
    The murder was committed to interfere in the prosecution of another person.
    The defendants had a substantial role in committing the murder.

    Steve Moore is representing High, he pleaded not guilty on behalf of his client. He also said for the record, his client is only named in 11 counts and not the other allegations.

    "Any and all of the counts that may either be construed that he is being named as a party which is listed under these counts as other persons known or unknown to the grand jury that he is not specifically named," Moore said.

    High will appear back in court after Thanksgiving along with the other two men facing the death penalty.

    The other 52 people charged in the RICO indictment are accused of a range of criminal activity with the Athens Park Bloods street gang.

    http://www.wrcbtv.com/story/39206469...ico-defendants
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    DA Wants To Try Athens Park Bloods Death Penalty Case First; Attorneys Say Dealing With Piles Of Evidence In RICO Case Is "A Monster"

    District Attorney Neal Pinkston said his office first wants to try three members of the Athens Park Bloods gang in a death penalty case before the other 51 defendants in the complex RICO conspiracy case.

    However, the trial of Andre Grier, Courtney High and Charles Shelton will not be soon. Defense attorneys said they need up to nine months to go through a mountain of evidence turned over by the state.

    They are charged with killing Bianca Horton before she could testify against another gang member, Cortez Sims. The state wants the trio put to death. Sims, who was convicted and given a life sentence even without Ms. Horton, was among those in court. He said he wanted a speedy trial, saying it had already been a year.

    DA Pinkston indicated he wants to keep not all but many of the remaining defendants together. However, Criminal Court Judge Tom Greenholz asked, "Where are we going to try 45 people?"

    The DA replied with humor, "I figured the court in its infinite wisdom had already figured that out."

    Many of the defendants were in the Greenholz courtroom on Monday for a long day of hearing some 40 motions that have been filed. Some are out on bond, while others with more serious charges were brought into the courtroom shackled.

    The motions attack various aspects of the relatively new state RICO statute. The rulings of Judge Greenholtz are expected to be appealed and set the groundwork for future RICO prosecutions in Tennessee.

    One attorney is asking to get off the case. Brandy Spurgin-Floyd, who represents Martrel Arnold, said the case is "a monster." She asked how since Arnold is in jail how she can go over 360 hours of recorded evidence with him.

    Attorney Steve Moore, who represents one of the defendants in the capital case, said he has already had a firm print out 70,000 pages of documents provided by the state. Another 15,000 to 20,000 pages is coming, it was stated.

    DA Pinkston on Monday was handing out another "terabyte" of evidence to defense attorneys.

    Since an incident last October when one of the defendants put on social media sensitive information that put certain people at risk special precautions have been taken. Attorneys are now asked to sign an agreement that they will not release such electronic documents to their clients.

    There were so many defendants and because almost all of them cannot afford to hire an attorney that a host of local lawyers had to be called in. Some are civil attorneys who rarely appear in Criminal Court. One said on Monday, "This is my very 1st criminal case."

    (soruce: The Chattanoogan)
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    June 25, 2019

    Bond Hearing Reset For Charles Shelton, Who Is Facing Possible Death Penalty

    THE CHATTANOOGAN.COM

    A bond hearing for a Chattanooga man accused of murder and racketeering has been reset by Criminal Court Judge Tom Greenholtz. The state is seeking the death penalty against Charles Shelton, who is being held under a $2,770,000 bond.

    Shelton, 28, is charged in the 2016 kidnapping and murder of Bianca Horton, who had been set to testify in the murder trial of Cortez Sims. Two other men are also charged.

    Shelton’s attorney argued for a reduced bail on the grounds of a lack of cumulative evidence against his client. He argued that the evidence found in both the cell phone dump and inside the van was purely circumstantial, and did not prove that the defendant and Horton interacted in any way.

    Shelton’s attorney asked for the bond hearing to then be rescheduled as a key witness for the defense was not able to make it to court. Shelton’s mother, who was unable to attend due to her work schedule, was set to be a witness in the bond hearing.

    The prosecution did not object, and Judge Greenholtz granted his request for a new date. The new hearing will take place on Aug. 6.

    As he left the courtroom, Shelton was visibly displeased by the fact that his bond had not been reduced. He expressed his displeasure by swearing and yelling as he exited.

    According to prosecution, the three men abducted Horton, forced her into a van, shot her several times, and then dumped her body on a Chattanooga road.

    The three men were part of a 55-person RICO indictment involving the Athens Park Bloods street gang.

    According to the indictment, there is phone records of the three men discussing plans to prevent Horton from testifying against Sims. A jury wound up convicting Sims.

    Horton had testified against Sims in 2015 in Juvenile Court.

    https://www.chattanoogan.com/2019/6/...s-Shelton.aspx
    "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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    Courtney High Murder Trial In Which State Is Seeking Death Penalty Is Set For July 27

    by the Chattanoogan

    The murder trial against Courtney High in which the state is seeking the death penalty has been set for July 27 in the courtroom of Criminal Court Judge Tom Greenholtz.

    High is charged along with Andre Grier and Charles Shelton in the May 2016 slaying of Bianca Horton.

    Ms. Horton had been set to testify against Cortez Sims in his murder trial and in the incident in which he shot her daughter Zoe.

    Bianca Horton was shot several times and her body was dumped on the side of the road.

    High is being held in a jail outside Hamilton County.

    https://www.chattanoogan.com/2021/4/...-In-Which.aspx

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    UPDATE: Hamilton Co. inmate facing murder trial dies from COVID-19 complications

    HCSO spokesperson Rachel Frizzell says 31-year-old Charles Levada Shelton died at a local hospital on September 6

    By WRCB News Staff

    UPDATE: The Hamilton County Sheriff's Office says an inmate died from COVID-19 complications on Labor Day.

    HCSO spokesperson Rachel Frizzell says 31-year-old Charles Levada Shelton died at a local hospital on September 6.

    "Because this is considered an in-custody death, the Hamilton County District Attorney’s Office has requested the Hamilton County Sheriff’s Office Criminal Investigation Division to conduct an investigation," Frizzell said in a press release.

    Frizzell says no further information can be released due to HIPAA restrictions.

    Channel 3 previously reported in 2018 that Shelton was one of three suspects in the 2016 murder of Bianca Horton, who was killed before she was set to testify in a murder trial.

    According to the Hamilton County Criminal Court docket, Shelton faced several charges including Felony First Degree murder.

    https://www.wrcbtv.com/story/4467683...-complications
    "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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    Courtney High Death Penalty Murder Case Delayed Again As His Attorney Leaves Practice

    By Thea Marshall
    The Chattanoogan

    Courtney High, who faces a possible death penalty after being accused in the murder of Bianca Horton before she could testify against a gang member, is seeking a new lawyer after his current counsel announced he was leaving his practice.

    Judge Tom Greenholtz on Friday approved Steven Moore’s request to withdraw from the high-profile case. High now has to find another lawyer who is death penalty certified.

    “I’d like to get you a lawyer who is death penalty certified before my term expires,” said Judge Greenholtz. “I don’t think there are any in Chattanooga.”

    Judge Greenholtz said he might ask the office of the Supreme Court tofind an attorney to handle his cases. High allegedly gave a list of lawyers he would like to work with, but all were unavailable or did not respond.

    High requested that he wanted a lawyer who would not be biased towards his religious views.

    Judge Greenholtz, who is moving up to the Tennessee Court of Criminal Appeals in September, moved High’s case to Aug. 12 for an update on his counsel.

    High was initially charged along with Andre Grier and Charles Shelton in the May 2016 slaying of Ms. Horton. Shelton died while at the workhouse in September of last year. He was 31.

    Ms. Horton had been set to testify against Cortez Sims in his murder trial and in the incident in which he shot her daughter Zoe.Ms. Horton was shot several times and her body was dumped on the side of the road.

    https://www.chattanoogan.com/2022/7/...rder-Case.aspx
    "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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