The Baileys’ attorneys argued the surveillance video did not clearly show the shooter’s face, and it also did not show what item was being handed off. No witnesses or even the intended target had positively identified the Baileys as being involved in the shooting, said Brian Barker, who represented Eltron Bailey.
“Not one person has ever identified Eltron Bailey as being in possession of a handgun April 12,” Barker said. “This is not a crime that occurred in the dark of night in a deserted area.”
Timothy Despotes, who represented Elton Bailey, said there was no fingerprint evidence that his client had touched the gun, and even if he was one of the men seen in the video, he could have been handing anything – a cell phone, money or a cigarette – to the other man.
Jennifer Smith focused on what she said the evidence proved beyond a reasonable doubt.
“These two men, these two convicted felons, want you to believe that they’re not the two men involved in that shooting,” she said.
However, the totality of evidence presented during trial showed “that is not only not reasonable … that is utterly unbelievable,” Smith said.
Verdict and sentencing
The jury deliberated for a little over an hour before reaching the guilty verdicts. During the sentencing phase of the trial, Commonwealth’s Attorney David Smith presented information about the Baileys’ prior criminal history.
Elton Bailey was sentenced in Fayette County Circuit Court in 2009 to a total of 10 years in prison on charges of second-degree assault, felony theft and carrying a concealed deadly weapon. Eltron was sentenced in the same case to five years in prison on charges of first-degree and second-degree wanton endangerment.
The twins’ father, Elton Bailey Sr., asked the jury for leniency when recommending a sentence. He said Elton and Eltron both were on the honor roll in junior high but had fallen in with “the wrong crowd” while growing up in Lexington.
The charge of being a convicted felon in possession of a handgun carries a sentence of five to 10 years in prison. The commonwealth’s attorney asked the jury to give more than the minimum sentence based on the Baileys’ history.
Elton and Eltron did not fall in with the wrong crowd, David Smith told the jury, “... they are the wrong crowd.”
After an hour and a half, the jury returned with a unanimous recommendation that each man serve eight years in prison.
Judge William G. Clouse set final sentencing for 1:30 p.m. March 7.
Sarah Hogsed can be reached at firstname.lastname@example.org or 624-6694.