NAPA — A man who has spent seven years behind bars for the killing of a Fairfield High School student will be released after his murder conviction was overturned because a federal court found he got an unfair trial.
Marquis Douglas, now 23, and his older brother Junor, now 24, were tried as adults and convicted of second-degree murder in the 2007 shooting death of Anthony Gee, who attended Fairfield High.
The younger brother was sentenced to 20 years to life. The older brother, who pulled the trigger, received 70 years to life.
A federal court set aside the younger brother’s conviction in May, citing faulty jury instructions.
Under a deal with prosecutors, Marquis Douglas will avoid another trial in exchange for pleading guilty to voluntary manslaughter.
He is expected to receive a 14-year suspended sentence and be released Nov. 1.
They were convicted of shooting Gee, 16, at a house party in American Canyon in January 2007. Junor Douglas testified during the trial that he shot in the air to scare some teens and lowered the gun when it jammed, only to have it go off toward a crowed on a driveway. The prosecution said he fired into the crowd on purpose, perhaps to kill a man who ejected him from a party.
Both sides agreed Gee was an unintended victim.