FAIRFIELD — The prosecution began presenting its case Wednesday against a Fairfield man who faces a murder charge for the 2008 shooting of a teenage Vallejo drug dealer during a botched robbery.
For the defendant, Deshaun P. Malone, it was the third time he heard testimony from Fairfield police who responded on the night of Nov. 2, 2008, to a shooting scene on Mockingbird Lane where Kendrick Lewis died and where a neighbor heard a gunshot and saw two men fleeing the scene and laughing.
Malone was found guilty of murder at a 2010 jury trial. That verdict was later overturned by the Court of Appeal. A second jury trial last month ended with a mistrial after jurors learned of the guilty verdict in the first trial.
In addition to police testimony, jurors heard from Smith’s girlfriend, who sat next to him in his car during the robbery and who held his shoulder when he was shot in the back. She cried as she recalled trying to help him in the moments after the shooting.
Lewis was selling $200 of Ecstasy tablets to Malone and Jamal Kelly, who were standing alongside the car.
Cross-examination of the girlfriend by Malone’s defense attorney, Leslie Prince, focused on the girl’s lies to police about why she and Lewis and a pair of friends were on Mockingbird Lane.
Prince repeatedly confronted the girl about not remembering specific details that she had previously described in 2008 and 2010. Among those details was Malone saying, “I’ll shoot you first,” which may support Malone’s version of events that include acting in self-defense after seeing a gun in the car. Police found no gun in the car.
Malone’s accomplice, Jamal Kelly, is serving a 25-years-to-life sentence. The Court of Appeal upheld the verdict in his case.
Reach Jess Sullivan at 427-6919 or email@example.com. Follow him on Twitter at www.twitter.com/jsullivandr.