A Madison County jury found twin brothers guilty Tuesday of being felons in possession of a handgun, but the case is not over yet.
The jury recommended that Elton and Eltron Bailey, 23, serve eight years behind bars for possessing a handgun that is alleged to have been used in an April 12 shooting on East Main Street. The Baileys also were charged in the same incident with attempted murder and first-degree wanton endangerment.
No one was injured in the shooting.
The handgun-possession charge was tried separately because the court found that trying it in conjunction with the charges of wanton endangerment and attempted murder charges would be prejudicial.
“The remaining counts in the indictment will still need to be resolved,” Assistant Commonwealth’s Attorney Jennifer Smith said after the trial.
Eltron Bailey also has two other felony cases pending in Madison Circuit Court, one in which he’s accused of firing a gun at a woman while she was pregnant with his child, and the other for allegedly tampering with his prisoner-monitoring device while out on bond.
On Monday, the jury heard testimony about the April 12 shooting from Richmond Police Department Detective Eric Long, who was on the stand for nearly three hours. During his testimony, jurors watched video of the incident that was captured by surveillance cameras from a nearby tobacco discount store.
In the video, two men can be seen walking up to a Chevrolet Monte Carlo as it is pulling out of the tobacco store’s parking lot. One man hands the other one something, and that man starts running toward the Monte Carlo as it heads down East Main Street.
At the same time the incident was filmed at 6:06 p.m., police received a report of gunshots heard in the same area.
Elton and Eltron Bailey were later found in a nearby Linden Street apartment with two other men. It took two hours before the men came out of the apartment and surrendered to police, according to Long’s testimony.
Police reported finding clothing in the apartment consistent with clothes the men in the video were wearing, along with a Bryco 9 mm pistol in a hole near the apartment’s back door.
Police recovered seven spent 9 mm casings and one live 9 mm round at the scene of the shooting.
A fingerprint analysis by a Kentucky State Police expert, who testified at the trial, found Eltron Bailey’s fingerprint on the gun in a position that was consistent with firing the weapon.
Although it took several days, police were able to locate the target of the shooting – Jonathon “Pookie” Harris. Harris was uninjured, but he did not cooperate with police on identifying his assailants, Long testified.