Post by Anja on Aug 14, 2006 4:01:55 GMT -5
Pompey released as state drops case
Mary Bradwell intermittently switched from pacing the lobby of the Manatee
County jail Friday afternoon to peeking through the glass wall that has
separated her from her grandson for almost 4 years.
But when Jeffrey L. Pompey walked through the door at 2:40 p.m.,
Bradwell's next action was clear.
Like a scene in a movie, Pompey dropped the paper bags containing his
belongings as the 2 clutched one another for what seemed like minutes.
"Thank you, Jesus, thank you, Lord," Bradwell repeated several times as
the 2 hugged.
When asked how it felt to be out of jail, Pompey simply answered, "All
right."
On Monday, Pompey, 25, was slated to stand trial on 1st-degree murder
charges for the 3rd time in 4 months. But Friday, the state attorney's
office announced it would no longer pursue the case.
Kelsey Schaefer, a member of Pompey's defense team, spoke for the group
Friday afternoon. The remaining members of the team, her father, Steven
Schaefer, and Carolyn DaSilva, cut out early to celebrate for the weekend.
"We're gratified by the state attorney office's actions today," Kelsey
Schaefer said. "It's a shame it took so long, but we're glad they made the
decision today instead of waiting until next week."
A single bullet took the lives of two men Aug. 14, 2002, at a Foodland
grocery store in the 900 block of 15th Street East.
A video camera captured two hooded men entering the grocery store and
trying to rob a cash register of its contents, which proved unsuccessful.
One of the men put an SKS assault rifle to the back of 32-year-old Dong
Sub Lim's head and pulled the trigger, killing the clerk and 31-year-old
customer Ramon Coto-Delgado while he waited in line.
Prosecutors said Pompey was one of the men in the store at the time - the
one who pulled the trigger. Authorities arrested him 6 months after the
men's deaths. The second suspect remained at large. The 1st 2 murder
trials resulted in hung juries, with identical 9-3 votes by jurors in
favor of acquittal. The 1st trial began May 15, took 4 days and ended
after 5 hours of deliberations. The 2nd, which started June 26, consisted
of 4 days of testimony and arguments, but only 3 hours of deliberations.
Throughout the case, Assistant Public Defenders DaSilva and Steven
Schaefer argued that jurors were too focused on the "brutality of the
crime."
Assistant State Attorney Art Brown blamed the lack of a key witness. That
key witness, Roderick Wright, Pompey's half-brother, was apprehended
nearly 3 weeks ago, and was scheduled to be present for Monday's trial.
Wright previously testified that during a phone call, his half-brother
confessed to the shooting. That testimony led to Pompey's indictment.
In a September deposition, Wright said Pompey told him he was attempting
to move the store clerk out of the way when his rifle fired accidentally.
He later recanted his statement, and said Pompey never admitted to the
shooting.
DaSilva had said earlier that Wright was not a credible witness.
Wright's recanting of his original testimony convinced prosecutors to drop
the case, Brown said.
"The grand jury relied in part on the testimony of Mr. Wright," Brown
said.
"We had hoped to present his testimony, but now that he's recanted, we had
nothing new."
"We've been told his view is, 'Blood doesn't testify against blood,' "
Brown said.
The defense has complained in the past that the prosecution either paid,
coerced or offered plea deals to witnesses in return for their testimony
against Pompey.
DaSilva and Schaefer planned to call four additional witnesses who would
have testified that Theodore McCullough confessed to the double murder
while in prison. McCullough died in a 2003 car accident.
But none of that will be necessary now.
Pompey and his grandmother, the woman he's known as a mother since he was
only 2 months old, plan to leave Bradenton.
"I have the U-Haul packed," Bradwell said. "We're leaving here, and I'm
not telling anyone where we're going."
But before they head out of town, one thing was for sure - Pompey would
get an extra serving or two of his favorite food, fried chicken.
"He's going to get all he wants," Bradwell said. "I'm just happy to have
my son back."
Pompey faced a sentence of life in prison without the possibility of
parole, if convicted. Before the 1st trial, prosecutors dropped plans to
seek the death penalty after questions were raised about whether Pompey
was mentally retarded. Florida law prohibits the execution of a mentally
retarded person.
(source: Bradenton Herald)
Mary Bradwell intermittently switched from pacing the lobby of the Manatee
County jail Friday afternoon to peeking through the glass wall that has
separated her from her grandson for almost 4 years.
But when Jeffrey L. Pompey walked through the door at 2:40 p.m.,
Bradwell's next action was clear.
Like a scene in a movie, Pompey dropped the paper bags containing his
belongings as the 2 clutched one another for what seemed like minutes.
"Thank you, Jesus, thank you, Lord," Bradwell repeated several times as
the 2 hugged.
When asked how it felt to be out of jail, Pompey simply answered, "All
right."
On Monday, Pompey, 25, was slated to stand trial on 1st-degree murder
charges for the 3rd time in 4 months. But Friday, the state attorney's
office announced it would no longer pursue the case.
Kelsey Schaefer, a member of Pompey's defense team, spoke for the group
Friday afternoon. The remaining members of the team, her father, Steven
Schaefer, and Carolyn DaSilva, cut out early to celebrate for the weekend.
"We're gratified by the state attorney office's actions today," Kelsey
Schaefer said. "It's a shame it took so long, but we're glad they made the
decision today instead of waiting until next week."
A single bullet took the lives of two men Aug. 14, 2002, at a Foodland
grocery store in the 900 block of 15th Street East.
A video camera captured two hooded men entering the grocery store and
trying to rob a cash register of its contents, which proved unsuccessful.
One of the men put an SKS assault rifle to the back of 32-year-old Dong
Sub Lim's head and pulled the trigger, killing the clerk and 31-year-old
customer Ramon Coto-Delgado while he waited in line.
Prosecutors said Pompey was one of the men in the store at the time - the
one who pulled the trigger. Authorities arrested him 6 months after the
men's deaths. The second suspect remained at large. The 1st 2 murder
trials resulted in hung juries, with identical 9-3 votes by jurors in
favor of acquittal. The 1st trial began May 15, took 4 days and ended
after 5 hours of deliberations. The 2nd, which started June 26, consisted
of 4 days of testimony and arguments, but only 3 hours of deliberations.
Throughout the case, Assistant Public Defenders DaSilva and Steven
Schaefer argued that jurors were too focused on the "brutality of the
crime."
Assistant State Attorney Art Brown blamed the lack of a key witness. That
key witness, Roderick Wright, Pompey's half-brother, was apprehended
nearly 3 weeks ago, and was scheduled to be present for Monday's trial.
Wright previously testified that during a phone call, his half-brother
confessed to the shooting. That testimony led to Pompey's indictment.
In a September deposition, Wright said Pompey told him he was attempting
to move the store clerk out of the way when his rifle fired accidentally.
He later recanted his statement, and said Pompey never admitted to the
shooting.
DaSilva had said earlier that Wright was not a credible witness.
Wright's recanting of his original testimony convinced prosecutors to drop
the case, Brown said.
"The grand jury relied in part on the testimony of Mr. Wright," Brown
said.
"We had hoped to present his testimony, but now that he's recanted, we had
nothing new."
"We've been told his view is, 'Blood doesn't testify against blood,' "
Brown said.
The defense has complained in the past that the prosecution either paid,
coerced or offered plea deals to witnesses in return for their testimony
against Pompey.
DaSilva and Schaefer planned to call four additional witnesses who would
have testified that Theodore McCullough confessed to the double murder
while in prison. McCullough died in a 2003 car accident.
But none of that will be necessary now.
Pompey and his grandmother, the woman he's known as a mother since he was
only 2 months old, plan to leave Bradenton.
"I have the U-Haul packed," Bradwell said. "We're leaving here, and I'm
not telling anyone where we're going."
But before they head out of town, one thing was for sure - Pompey would
get an extra serving or two of his favorite food, fried chicken.
"He's going to get all he wants," Bradwell said. "I'm just happy to have
my son back."
Pompey faced a sentence of life in prison without the possibility of
parole, if convicted. Before the 1st trial, prosecutors dropped plans to
seek the death penalty after questions were raised about whether Pompey
was mentally retarded. Florida law prohibits the execution of a mentally
retarded person.
(source: Bradenton Herald)