The Richmond Register

Crime

January 14, 2013

Attorneys question detective’s ID of defendants from video of shooting

RICHMOND — Defense attorneys for twin brothers facing up to 10 years in prison on weapons charges tried to create reasonable doubt in jurors’ minds Monday by questioning how the investigating detective identified the men from a surveillance video.

Elton and Eltron Bailey, 23, are both charged with attempted murder, first-degree wanton endangerment and felons in possession of a handgun after an April 12 shooting in front of East Main Tobacco. However, the handgun charges are the focus of this week’s trial because it was ruled that trying all the charges together would be prejudicial, according to Assistant Commonwealth’s Attorney Jennifer Smith.

As convicted felons, Eltron and Elton face enhanced sentences of five to 10 years in prison on the handgun charges if they are found guilty.

In opening statements, Smith told the 13 jurors that two questions must be answered for the prosecution to prove its case against the Baileys – “Are they convicted felons? Did they possess a handgun?”

Deputy circuit clerk Jenny Spurlock testified, based on official court documents, that Elton Bailey had been convicted in Fayette County in 2009 on a charge of felony second-degree assault. Eltron Bailey was convicted the same year in Fayette County on a felony charge of first-degree wanton endangerment.

April 12 shooting

Richmond police officers received a call April 12 about gunshots heard near East Main Street shortly after 6 p.m., according to the testimony of Detective Eric Long. Officers collected seven spent 9 mm casings at the scene as well as one live 9 mm round.

Footage from a video surveillance system at East Main Tobacco was shown to jurors Monday afternoon. In the video, two men on foot approach a Chevrolet Monte Carlo parked in front of the store. Then the car quickly pulls out of the parking lot. One man hands something to the other man, who is walking beside him, and that man takes off running after the car with his hand extended.

The video does not show a clear view of the shooter’s face or of his companion’s face. After the car drives away, the two men run from the scene along with two more men who were in the parking lot.

No spent bullets were found by police after the incident, and Long testified that when a shooting occurs outside the bullets can end up anywhere.

“Essentially you’re looking for a needle in the haystack,” Long said.

Officers found the Baileys and the two other men from the parking lot at a nearby apartment on Linden Street. The four men refused to come out of the apartment for nearly two hours, and the police department’s Emergency Response Unit was called in to deal with the “tense” situation, Long said.

Eventually the four men surrendered, and Eltron Bailey was arrested on the strength of a March 2012 warrant that charged him with escape and tampering with a prisoner monitoring device. He had been out on bond since December 2011 in another case.

Long said officers collected clothing at the apartment that he believed linked the Baileys to the shooting, based on what the men in the surveillance video were wearing.

Long testified that he knew the Baileys prior to the incident. He stated their different hairstyles and build helped him identify them in the video.

Police also found a Bryco model 59 9 mm handgun near the back door of the apartment in a hole created by a broken drainpipe.

Cross-examination

Elton’s attorney, Timothy Despotes, questioned Long about why ballistics tests weren’t done on the gun. He also questioned Long about why a gunshot residue test wasn’t performed on either one of the Baileys once they were in police custody. Long replied that many law enforcement officials believe residue tests are “useless” because they cannot conclusively prove whether someone has fired a gun, and actions like hand-washing can remove any gunpowder residue.

Despotes and Eltron’s attorney, Brian Barker, also questioned Long about why a photo lineup was not used to help identify the shooters.

Long said it took several days to find Johnathon “Pookie” Harris, the intended target of the shooting, and Harris did not cooperate with police to identify the shooters.

Harris was not injured in the shooting, however Long said he found what appeared to be a bullet hole in the body of Harris’ Monte Carlo.

Since a gun can’t be seen on the video when one of the men hands something to another, Despotes asked Long if he could be certain that item was a gun.

“(I) can’t be 100 percent certain, no,” Long replied.

Also testifying at Monday’s trial was a fingerprint expert from the Kentucky State Police. Fred Crane said following tests done on the handgun found outside the Linden Street apartment, he was able to recover two latent prints on the firearm.

One fingerprint wasn’t clear enough to use for identification, however the second print was a positive match for Eltron Bailey’s third right middle finger.

Crane said although identical twins have the same DNA, that’s not the case for fingerprints.

“No one has been shown to have identical prints, not even twins or triplets,” Crane said.

The trial is scheduled to resume at 9 a.m. today.

Sarah Hogsed can be reached at shogsed@richmondregister.com or 624-6694.

1
Text Only
Crime
  • Third student charged in dorm room robbery

    A third person, originally thought to be a robbery victim, was charged Wednesday in connection with an armed robbery that occurred March 30 on Eastern Kentucky University’s campus

    April 23, 2014

  • 4-23 Peter Crowe.jpg Intoxicated man charged with wanton endangerment

    A 27-year-old Richmond man was charged Sunday with second-degree wanton endangerment after he was found intoxicated and walking with several young children in the Keystone Drive area, according to a Richmond police report.

    April 22, 2014 1 Photo

  • Pot throwing downtown leads to arrest

    A Berea man was arrested Saturday after police say he damaged a downtown Richmond business and a parked vehicle by throwing flower pots.
    Jonathan A. McCullough, 34, was charged with first- and third-degree criminal mischief as well as alcohol intoxication, according to a Richmond police report.

    April 21, 2014

  • London police chief ordered to stay away from Berea woman

    A woman who who moved to Berea in February 2013 after a live-in relationship with London Police Chief Stewart O. Walker has obtained an emergency protective order against him from Madison Family Court.

    April 21, 2014

  • 4-19 Brian Smith.jpg Berea man indicted on 24 child porn counts

    A Madison grand jury has indicted a Berea man on 24 counts related to child pornography.

    Brian J. Smith, 26, is charged with four counts of distribution and 20 counts of possession of matter portraying sexual performances by a minor.

    April 19, 2014 1 Photo

  • 4-19 Gregory Powell.jpg Police apprehend burglary suspect

    An observant witness was able to help Richmond police catch a burglary suspect shortly after a break-in Thursday afternoon on Savanna Drive off Berea Road.

    April 19, 2014 1 Photo

  • CCDW instructor indicted on charges of failing to provide training

    A Madison County grand jury has indicted a carry-concealed weapons permit instructor on charges he falsely claimed to have provided instruction to one person for a CCDW permit and provided incomplete training to three others.
    Christopher D. Fins was indicted April 9 on one count of CCDW instructor not providing firearms training and three counts of providing incomplete firearms training.
    Fins faces up to 20 years in prison if convicted of all four felony charges.

    April 17, 2014

  • Sixth person charged in motel meth bust

    A sixth person has been charged in connection with a methamphetamine-making operation discovered last week at the Bel Air Motel in Richmond.
    Roger M. Million, 24, Moberly Road, was charged Wednesday with manufacturing methamphetamine.

    April 17, 2014

  • 4-18 George WilliamsWEB.jpg Madison County inmate dies in Lexington hospital

    An inmate at the Madison County Detention Center died Tuesday at a Lexington hospital, according to officials with the Fayette County Coroner’s Office and Madison County EMS.

    April 17, 2014 1 Photo

  • 4-17 Melissa Lear.jpg BPD charge two in Richmond heroin-trafficking case

    Berea police arrested two women April 10 in a Richmond home in connection with heroin possession and trafficking.

    April 16, 2014 1 Photo

AP Video
SKorea Ferry Toll Hits 156, Search Gets Tougher Video Shows Possible Syrian Gas Attack Cubs Superfans Celebrate Wrigley's 100th Raw: Cattle Truck Overturns in Texas Admirers Flock to Dole During Kansas Homecoming Raw: Erupting Volcanoes in Guatemala and Peru Alibaba IPO Could Be Largest Ever for Tech Firm FBI Joining Probe of Suburban NY 'Swatting' Call U.S. Paratroopers in Poland, Amid Ukraine Crisis US Reviews Clemency for Certain Inmates Raw: Violence Erupts in Rio Near Olympic Venue Raw: Deadly Bombing in Egypt Raw: What's Inside a Commercial Jet Wheel Well Raw: Obama Arrives in Japan for State Visit Raw: Anti-Obama Activists Fight Manila Police Motels Near Disney Fighting Homeless Problem Michigan Man Sees Thanks to 'bionic Eye' S.C. Man Apologizes for Naked Walk in Wal-Mart Chief Mate: Crew Told to Escape After Passengers
Hyperlocal Search
Premier Guide
Find a business

Walking Fingers
Maps, Menus, Store hours, Coupons, and more...
Premier Guide
Poll

Should Richmond rezone the southwest corner of Main Street and Tates Creek Avenue to B-1 (Neighborhood Business) with restrictions to allow construction of a financial services office?

Yes
No
     View Results