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Another plea offer coming for Trenton teenage murder suspect

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Prosecutors expect to extend another plea offer to Masiyah Howard next month which would package charges of robbery and murder if he accepts it.

Howard is charged with numerous crimes in Chambersburg, including the slaying of 25-year-old

Louis Bryan Alvarez

Louis Bryan Alvarez

, who was gunned down at his city home on Feb. 26, 2013.

Assistant Prosecutor James Scott said at a status hearing Monday he plans to send a written offer to Howard’s attorney about two weeks before his next court appearance, on March 21.

Howard, who is jailed on a combined bail of $800,000, was previously offered a plea deal that called for him to serve 30 years in state prison if he admitted to robbery, aggravated manslaughter and weapons offenses.

Howard attorney, Steven Lember, told the court he plans to file a Miranda motion to get the statement his client gave to authorities thrown out.

Even if the statement is quashed, Judge Darlene Pereksta said that would not resolve Howard’s case.

Howard will have two weeks to consider prosecutors’ forthcoming plea offer, which Scott did not disclose at the hearing.

The judge told Howard to “think long and hard” about whether he wants to accept the offer as prosecutors said they will yank the offer off the table if Howard does not accept it by the time his next appearance rolls around.

Prosecutors have said Howard confronted and shot Alvarez, a Guatemalan native who worked in Trenton, on the 200 block of Fulton Street. They exchanged words prior to Howard allegedly pulling out a handgun and shooting through a glass door, prosecutors have said.

Howard is also charged in separate robberies that occurred weeks before Alvarez was killed, at a city deli on Feb. 11, and of another Latino man about a week prior.

Prosecutors wanted to try the robbery and murder cases together because they contend Howard used the same 9 mm handgun to commit crimes blocks apart within weeks of each other. Howard targeted Latino victims each time, prosecutors said. A judge previously said he was not “inclined” to let prosecutors try the cases together.


Defendant offered plea deal in Halloween 2014 slaying

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Donte Jones

Donte Jones

Supporters for a slain Philadelphia man wept openly in a courtroom Monday when prosecutors offered alleged killer Donte Jones a plea deal that calls for him to serve 33 years in state prison for aggravated manslaughter.

Jones, 24, of Trenton, is charged with fatally shooting 36-year-old Levonza Thompson with a 9mm handgun in the courtyard of the Oakland Park Apartments on the 200 block of Coolidge Avenue on Halloween night 2014.

Police have said Thompson was shot multiple times after he and Jones struggled. He was rushed to a hospital where he died a short time later.

Jones was found at a home on the first block of Laurel Place, hiding under a pile of clothes in a third-floor attic, prosecutors said.

Jones was out on bail on a weapons charge at the time of the murder, prosecutors have said, and has pleaded not guilty to the charges.

The plea deal calls for Jones to plead guilty to aggravated manslaughter as well as a weapons charge. He would be required to serve 28 years in prison for Thompson's death and another five years on top of that for the weapons charge, Assistant Prosecutor Michael Grillo said.

Two of Thompson's supporters, presumably family members, did not take kindly to the offer.

A woman had tears streaming down her face as she said Jones should get "an eye for an eye. He deserves death."

She and another man met with prosecutors after the status hearing to express disapproval for the plea offer.

Jones is being held in lieu of $1 million cash-only and is expected back in court in May.

Trenton man indicted for 2015 murder of Harvey Sharp

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Horace Gordon (COURTESY OF SOUTHSIDE REGIONAL JAIL)

Horace Gordon (COURTESY OF SOUTHSIDE REGIONAL JAIL)

A city man was indicted last week in connection with the murder of 29-year-old Harvey Sharp.

Horace Gordon, 36, is charged with murder and related weapons offenses in connection with the June 2015 shooting that gunned down Sharp on the front porch of a Cummings Avenue home.

The shooting happened on Sharp’s birthday, and sources say it was the result of a “petty argument.”

Gordon was arrested in southern Virginia about a week after the shooting. He remains in jail on $1 million bail.

Woman accused of stabbing former beau will claim self-defense

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Charlotte Carman

Charlotte Carman

During a rare appearance in Mercer County Superior Court, the state’s top public defender said a Trenton woman accused of fatally stabbing her former boyfriend in a jealous rage last year had suffered facial fractures after being abused by the victim prior to the stabbing.

At a bail reconsideration hearing Monday, Joseph Krakora revealed Charlotte Carman will claim she acted in self-defense when she stabbed Paris France Way to death in May 2015 after he struck her in the face with a 2-liter soda bottle.

Charged with murder, felony murder, robbery, criminal mischief and weapons offenses, Carman was extended a plea deal by prosecutors for the first time that would require her to spend 30 years in state prison if she pleads guilty.

Krakora’s self-defense announcement stirred Way’s family members who were in court Monday for a bail reconsideration hearing for Carman. One woman believed to be Way’s mother cursed at the suggestion of self-defense and had to be calmed down by Assistant Prosecutor Stacey Geurds.

Krakora excoriated prosecutors for not turning over discovery in the murder case, saying they disregarded Judge Pedro Jimenez’s court order to turn over police reports and other documents by late last month.

The hearing grew so acrimonious between prosecutors and Krakora that Jimenez took the parties into chambers for several minutes to discuss the issues privately.

While disputing that the woman acted in self-defense, Geurds released details about the stabbing not made public at Carman’s bail hearing in June. She also said she has not been provided with medical records to substantiate Carman’s alleged injuries.

“This was not self-defense,” Geurds said. “Her demeanor was not of a frightened person but someone who was ticked off.”

Prosecutors had said at a bail hearing last year Carman confessed to stabbing Way four times, piercing his heart and collapsing his lung, after she found him driving in a car with another woman.

Paris3

She slashed the tires on Way’s Hyundai Sonata, took $180 from his wallet and spat on him while he lay dying on the street near the intersection of Sherman and St. Joes.

On Monday, Geurds revealed Carman stalked Way prior to the stabbing on May 31, 2015, sending Way’s brother a message over Facebook asking about his “stupid a** brother’s” whereabouts.

She was upset he did not pick her up, and took a cab to where he was, Geurds said.

As far as Way was concerned, his relationship with Carman was over, Geurds said. Carman felt differently and was infuriated when she saw Way in his car with another woman.

She confronted him, believing he was involved with the woman, slapped grocery bags from his hands and slapped him, Geurds said, prompting Way to defend himself by swinging the soda bottle.

The Trentonian had reported, based on information released at Carman’s bail hearing and a friend’s suggestion he liked women “to a fault,” that Way was involved with the woman.

Geurds said her office believes Way and the woman, who witnessed the stabbing, were not romantically linked and were neighbors who had lived next to each other for a few months.

The woman was inside eating dinner with her son after Way dropped her off. They had gone grocery shopping together, Geurds said.

Carman cursed Way out over the woman, prosecutors said, demanded money for her to get her hair done and for her to purchase marijuana. Then she allegedly stabbed him four times, took his cell phone, cigarettes and $180 from his wallet which she used the next day to pay for a memorial tattoo with Way’s date of death, prosecutors said.

Carman also spat on Way as he told her, “You hurt me. I need help,” according to prosecutors.

Geurds said the bloody knife used in the stabbing had traces of DNA belonging to Carman and the victim. Carman admitted getting rid of Way’s cell phone, the knife and her bloody clothes, Geurds said.

The prosecutor disputed Krakora’s suggestion that Carman is not a flight risk, saying that after she was arrested in New Brunswick, she tried to slip out of a backdoor where she was being held by marshals.

Touting a bail reform law that takes effect in New Jersey next year, Krakora asked for Carman, who has been held in lieu of $770,000, to be released from jail without bail while she awaits the outcome of her case.

He cited prosecutors’ refusal to turn over discovery as a change in circumstances for Carman and the reason he asked for a probable cause hearing to determine if prosecutors had enough evidence to move forward with the case against Carman.

He withdrew his request for the probable cause hearing, saying some documents that have been turned over show there is enough evidence for prosecutors to go ahead with the case.

Judge Jimenez, citing Carman’s prior convictions for resisting arrest and child abuse and the seriousness of the charges, refused to release Carman without bail. However, he reduced bail to $400,000 and required a source hearing to vet the money if the Carman posts it.

Prosecutors, Trenton suspected killer at impasse in negotiations

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Tomarkus Whitfield

Tomarkus Whitfield

A Trenton man accused of fatally shooting 33-year-old Pinkey Priester appears headed for trial.

Tomarkus Whitfield, 37, has pleaded not guilty and so far rejected prosecutors’ offer to serve 25 years in prison for aggravated manslaughter. He is charged with counts of murder and weapons offenses after authorities said he pumped more than 10 rounds into Prieseter on June 16, 2014, on the 300 block of Centre Street.

Authorities said the men had a longstanding financial dispute.

Assistant Prosecutor Will Fisher asked a judge Monday at a status hearing to bring the case back for one more status hearing before scheduling the matter for plea cutoff. He said the case is being handed off to Assistant Prosecutor Michelle Gasparian in late spring.

Fisher has handled the case in Gasparian’s stead.

Defense attorney Ron Garzio asked a judge for time to review police reports and other documents handed over in discovery. He also needed to determine whether to conduct an investigation or file additional motions based off the materials handed over.

Whitfield was arrested by Mercer County Prosecutor’s Detective Gary Wasko and the U.S. Marshals NY/NJ Regional Fugitive Task Force on Division Street. He has an extensive criminal history and is jailed on a $750,000 cash-only bail.

Whitfield is expected back in court in April.

Trenton man offered more than 60 years for two murders

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A Trenton man who has said he is not willing to spend a day in prison for allegedly killing two city men was hit with a jaw-dropping offer that guarantees he would spend the rest of his life in prison if he accepted it.

Markquice Thomas

Markquice Thomas

Markquice “Tank” Thomas was indicted for the slaying of 22-year-old Jared Littlejohn, of Ewing, who was kidnapped and killed in September 2012 during a botched robbery, prosecutors said.

Thomas pleaded not guilty to killing Littlejohn when he was arraigned Friday before Judge Robert Billmeier.

He previously pleaded not guilty to killing 44-year-old Joseph “Power God” Gaines, a former drug dealer turned city activist, two years later, in March 2014.

Prosecutors extended a “global” plea offer calling for Thomas to serve 62 years in prison. The deal packages two murder charges with a drug case.

Under terms of the deal, Thomas would plead guilty to aggravated manslaughter and receive 28 years. That would run consecutively to a 30-year sentence for murder, along with a consecutive 4-year sentence in the drug case.

Littlejohn’s case remained cold until witnesses stepped forward, prosecutors said. Thomas was served with the murder charge in Littlejohn’s death while he was jailed in Gaines’ slaying.

Gaines, a former city drug dealer who had reportedly turned his life around to become a mentor for troubled city youth, was killed because of an outstanding drug debt, prosecutors said.

Thomas’ attorney, Robin Lord, has said her client would not take a deal “if it was for one year.”

Lord raised hackles Friday about her client’s case possibly being transferred to another judge. She said she was opposed to the matter being handled by another judge.

Billmeier said he would pass Lord’s objections along to Peter Warshaw, the presiding criminal judge who has the final call.

Plea cutoff is set for Thomas’ next court appearance in June.

Trenton man shot and killed Friday

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Trenton police investigate a murder on Hillcrest Ave in the West Ward. Sources say a man was shot while sitting inside this Nissan Murano. (Gregg Slaboda - Trentonian)

Trenton police investigate a murder on Hillcrest Ave in the West Ward. Sources say a man was shot while sitting inside this Nissan Murano. (Gregg Slaboda - Trentonian)

A city man was killed in broad daylight Friday afternoon, becoming the second murder victim this week.

Twenty-six-year-old Jermaine Johnson, who was identified on social media as Mooky Johnson, was shot in the first block of Hillcrest Avenue a little after 4 p.m. Friday.

Jermaine Johnson, aka, Mooky Johnson (Facebook photo)

Jermaine Johnson, aka, Mooky Johnson (Facebook photo)

Sources say Johnson was sitting inside a Nissan Murano, which was parked in a driveway when he was shot at least five times.

When law enforcement arrived on-scene, they found Johnson suffering from multiple gunshot wounds. He was taken to Capital Health Regional Medical Center where he was pronounced dead a short time later.

Not a week goes by without at least one person being injured by gunfire in the capital city. Earlier this week, 16-year-old Ciony Kirkman was shot while with a group of juveniles inside a stolen minivan on Jersey Street; she died two days after the incident.

The shooting sparked an outcry by community leaders who held a stop-the-violence rally near the intersection where police found the minivan after it was ambushed by gunfire. Clergy and local lawmakers asked citizens to "protect the women and children in our community" and "stand up for justice and equality" to "save Trenton."

Clergy, lawmakers and community residents gathered Tuesday for a Stop the Violence rally in Trenton. (Penny Ray - Trentonian)

Clergy, lawmakers and community residents gathered Tuesday for a Stop the Violence rally in Trenton. (Penny Ray - Trentonian)

This coming Sunday, the United Mercer Interfaith Organization (UMIO) is hosting its third annual Unity Walk where clergy, families, local lawmakers and community activists will walk, pray, listen and unify in the name of peace and healing at the places in Trenton where homicide victims have been slain so far this year.

"The loss of any life should remind us how fragile and how valuable life really is," the Rev. Lukata Mjumbe, co-chair of UMIO, said Friday after hearing about the latest homicide. "Trenton Lives Matter. In the face of this darkness we will stand even more committed to unity, healing and restoration in the city. No one or no thing can murder the movement that is emerging."

So far this year, six people have been killed by gunfire within the capital city, which is the same number of people who had been murdered by the end of April last year.

Police have not released a suspect description nor motive for Friday's killing.

Mercer County Homicide Task Force is investigating the case. Anyone with information about the killing is asked to call the Mercer County Homicide Task Force at (609) 989-6406 or contact the Trenton Police confidential tip line at (609) 989-3663. Individuals may also call the Trenton Crime Stoppers tip line at (609) 278-8477. Those wishing to text a tip can send a message labeledTCSTIPS to Trenton Crime Stoppers at 274637.

- Trentonian staff writer Penny Ray contributed to this report.

Ewing man arrested for Mooky Johnson murder

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Jamar McCoy

Jamar McCoy

A Ewing man has been arrested in connection with the murder of Jermaine “Mooky” Johnson, who was gunned down last week.

Jamar McCoy, 32, was arrested early Sunday morning and charged with murder and related weapons offenses for allegedly shooting Johnson this past Friday.

Jermaine "Mooky" Johnson (Facebook photo)

Jermaine "Mooky" Johnson (Facebook photo)

Johnson was shot at least five times while sitting inside a Nissan Murano that was parked in a driveway on Hillcrest Avenue. He later died at the hospital.

McCoy is also charged with aggravated assault for allegedly pistol whipping Johnson’s brother after the shooting.

McCoy’s bail was set at $1 million cash or bond.


Male teen arrested in connection with Ciony Kirkman's death

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Sunday's third annual Unity Walk attracted more than 100 people who marched through the city visiting places where homicide victims have been slain. (Penny Ray - Trentonian)

Sunday's third annual Unity Walk attracted more than 100 people who marched through the city visiting places where homicide victims have been slain. (Penny Ray - Trentonian)

A city teen was arrested last week in connection with the shooting death of 16-year-old Ciony Kirkman.

Prosecutors say a 17-year-old male, whose name has not been released because he is a juvenile, was arrested late Friday at a relative’s house in the city and charged in connection with Kirkman’s death.

Ciony Kirkman (contributed photo)

Ciony Kirkman (contributed photo)

Kirkman became this year’s fifth murder victim after the vehicle she occupied was ambushed by gunfire on Jersey Street around 6:30 p.m. on April 24.

Several sources told The Trentonian residents of Jersey Street were warned the street was “going to be lit up like a firecracker” prior to the shooting.

Minutes after the warning, sources say, they heard at least a dozen gunshots in rapid succession.

Kirman was struck in the head by a bullet that traveled through the rear windshield of the minivan she occupied. Police say Kirkman was with six other juveniles in a Ford Windstar that was previously reported stolen.

She died two days after the incident.

The 17-year-old male who was arrested Friday is charged with murder, six counts of aggravated assault and related weapons offenses. He is being held at the Middlesex County Youth Detention Center.

Suspect’s attorney begins questioning lead detective in Trenton murder

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An attorney for a former gang member began his cross examination of the lead detective in the 2014 murder of a Ewing man by focusing on whether the detective had probable cause to arrest his client.

Prosecutors say this surveillance photo shows Shaheed Brown (left) and Enrico Smalley Jr. minutes before Smalley was gunned down outside of La Guira Bar on July 12, 2014.

Prosecutors say this surveillance photo shows Shaheed Brown (left) and Enrico Smalley Jr. minutes before Smalley was gunned down outside of La Guira Bar on July 12, 2014.

Defense attorney Edward Heyburn honed in on the information State Police Detective Joseph Itri had when he prepared an arrest warrant charging former Newark gang member Shaheed Brown with fatally shooting Enrico Smalley Jr. outside of La Guira Bar in the early-morning hours of July 12, 2014.

Itri’s investigation came together fast. He filed a probable cause warrant charging Brown with murder two days after the slaying, which happened outside of a packed stretch of city bars along North Clinton Avenue.

Assistant Prosecutor Brian McCauley and a judge authorized the arrest warrant, agreeing there was enough probable. The warrant was based in part on a 911 tape and former corrections officer Kenneth Crawford’s statement to Itri.

Some of the information the detective had at the time was shown at trial to be untrue.

Brown wasn’t apprehended until Aug. 17, 2014, more than a month after Smalley was killed.

He had altered his appearance, shaving the long dreadlocks that he was captured by surveillance sporting when Smalley was fatally shot six times, twice in the head.

Crawford acknowledged when he testified this week that portions of the 911 call he made anonymously from a 7-Eleven pay phone on North Olden Avenue about 22 minutes after the shooting were inaccurate and that he made assumptions about who was the shooter.

Specifically, Crawford said he saw someone shooting down at another man and identified the shooter as a taller African-American man with dreadlocks who had fled toward North Olden Avenue following the shooting.

Itri visited the 7-Eleven and obtained surveillance that helped lead him to Crawford, who had refused to identify himself to a 911 dispatcher. When he provided a statement to police, Crawford acknowledged he did not see the actual shooting because his view was obstructed by a Lincoln Navigator that was parked in front of La Guira Bar.

Crawford was sitting in his vehicle across the street from the bar when he was startled by gunshots. He testified this week that when he looked up, he saw the upper body of a man who appeared to be jerking.

“I’m thinking this person may be involved in the gunfire because I see their body doing a little jumping motion each time the gunfire went off,” Crawford said. “I thought maybe this guy is doing the shooting. Maybe he’s kinda over-exaggerating when he’s firing the weapon. You see that in those gangster movies.”

Heyburn is expected to cross examine the detective for much of Wednesday.

The Trentonian will update this story throughout the day.

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An attorney for a Trenton man on trial for murder said a judge has jeopardized his client’s right to a fair trial over a vendetta with a newspaper reporter.

Edward Heyburn

Edward Heyburn

Defense attorney Edward Heyburn said in court papers filed last week that his client, former Newark gang member Shaheed Brown, has found himself  “caught in the crossfire” of a public feud between Judge Andrew Smithson and The Trentonian, which was reignited last week when the judge closed the courtroom to discuss critical comments Heyburn made about the lead detective in the case.

Heyburn said his client’s Sixth Amendment rights were being infringed upon by the spat.

The Trentonian requested Heyburn’s motion last week but was told by court officials that Smithson had to approve its release before it could be made public.

Smithson OK’d the release Monday. In doing so, Smithson addressed for the first time the hostility with the newspaper and how it has not impacted his ability to ensure Brown gets a fair trial. He called Heyburn’s assertion to the contrary “misguided and really upsetting.”

“Nothing could be further from the truth and nothing could be more hurtful to me as a judge to hear something like that thrown at me,” Smithson said. “Court reporters are working for papers. Papers want to stay in existence they want to sell papers they want to make money for their shareholders and so forth. Court reporters … do what they have to do to get a paycheck. That’s how I see it.”

The controversy started last week, when Heyburn told The Trentonian that state police detective Joseph Itri should not be allowed to make “a racist argument” by testifying at the retrial that he believed Brown was armed with a handgun because he had sagging pants the night Enrico Smalley Jr. was fatally shot outside of a city bar in July 2014.

That led Smithson to hold a private hearing in which he excluded the public from the courtroom. Smithson also put in place a gag order preventing the attorney from discussing the murder case with the media and sealed transcripts of the private hearing.

Heyburn focused on whether the court should use a stenographer or CourtSmart, a recording system used by courts statewide, for the rest of Brown’s second trial.

Heyburn’s emergency motion asked Assignment Judge Mary Jacobson to rule on the matter, noting Smithson’s motivation for using a court reporter stemmed from his desire to make “it difficult for The Trentonian to obtain the court record.”

Smithson said he decided to use the recording system the night before Heyburn filed his motion.

The feud between Smithson and The Trentonian traces back to Brown’s first trial, which ended with a jury being unable to decide whether he gunned down Smalley.

The Trentonian reported extensively on the trial and wrote stories critical of Smithson after he shut out the public and press from his courtroom to hold a behind-close-doors meeting with a juror.

The juror said he overhead Brown’s attorney discussing a possible conspiracy with his client’s family.

The Trentonian was not allowed in the courtroom for the hearing but lawfully obtained a recording of the hearing and wrote a story about it, which included the juror’s name.

Smithson was furious when he found out the newspaper published the juror’s name, blasting a newspaper reporter in front of jurors at the conclusion of Brown’s first trial.

Smithson again addressed that episode Monday morning.

“They can print anything they want and we’ve had, too, with the juror’s name in the last trial,” he said. “That was shocking to me. It was like putting a bullseye on somebody’s back. It was one of the few times in my life that I was happy to see a mistrial because if it had been a finding of guilty that juror would have lived in fear for the rest of his life.”

Slain Ewing man’s mysterious messages dominate conversation at Trenton murder trial

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The streets of Trenton probably know who killed Enrico Smalley Jr.

Shaheed Brown listens to testimony  from State Police Detective Joseph Itri. Gregg Slaboda - The Trentonian

Shaheed Brown listens to testimony from State Police Detective Joseph Itri. Gregg Slaboda - The Trentonian

State Police Detective Joseph Itri spent three days on the witness stand saying the evidence from his investigation pointed squarely at former Newark gang member Shaheed Brown, a man with a violent past who was the last person with the Ewing man moments before he was gunned down July 12, 2014, outside La Guira Bar.

But as criminal trials prove, nothing is straightforward, especially when defense attorney Edward Heyburn is involved. His approach, implicating another man, Alvie “King” Vereen, has not sat well with Smalley’s family.

They’ve been critical of the defense attorney’s “slippery” tactics. Heyburn, stung by the “slippery” comment, asked a judge to order Smalley’s family to refrain from speaking with reporters.

It was the latest wrinkle on a day when one of the jurors, an African-American man, was dismissed from the panel because of an apparent work conflict.

The jury, following a grueling week of testimony which tried the patience of everyone, will not return until Monday.

That didn’t stop Heyburn from capping the week with one final exclamation point, complaining that it was not fair for Smalley’s family to criticize him publicly because he cannot not defend himself since a gag order was put in place by Judge Andrew Smithson.

Prosecutors say this surveillance photo shows Shaheed Brown (left) and Enrico Smalley Jr. minutes before Smalley was gunned down outside of La Guira Bar on July 12, 2014.

Prosecutors say this surveillance photo shows Shaheed Brown (left) and Enrico Smalley Jr. minutes before Smalley was gunned down outside of La Guira Bar on July 12, 2014.

In the past, Smithson has been critical of The Trentonian, referring to it at Brown’s first trial as an “irresponsible tabloid” when it published a story including a juror’s name. He has also been accused of having a personal feud with the newspaper after it was critical of him for expelling the public from his courtroom on two occasions to hold star-chamber proceedings.

But the judge, who may have been tickled when presented with another opportunity to silence his biggest critic, referred only obliquely to a reporter’s “juvenile” tweets and said he could not and would not interfere with Smalley’s relatives ability to speak freely with the press.

Michelle Jones, Smalley’s godmother, told The Trentonian she felt Heyburn was out of line for asking for the judge to censor the family, especially after they lost a loved one.

“He really doesn’t care,” she said. “It’s like he wants to put Enrico on trial. He’s doing things that shouldn’t be done. He’s saying things that shouldn’t be said.”

The judge, however, has closely controlled what the attorneys say, in court and out of it.

State Police Detective Joseph Itri testifies at Shaheed Brown's  trial. Gregg Slaboda - The Trentonian

State Police Detective Joseph Itri testifies at Shaheed Brown's trial. Gregg Slaboda - The Trentonian

Smithson gagged attorneys after Heyburn, thrusting himself in the reflected racialized halo of Johnnie Cochran, portrayed Itri as a regular Mark Fuhrman, the disgraced former detective for the Los Angeles Police Department, in an interview with The Trentonian following the first day of jury selection.

Fuhrman perjured himself by testifying in famed football star O.J. Simpson’s 1995 murder trial that he never used racial epithets to describe African-Americans. His credibility was dashed when recorded conversations he had with an aspiring screenwriter surfaced showing he had repeatedly used the N-word.

The racial allegations against Itri, equating a sagging pants comment he made at the first trial with Fuhrman’s insidious remarks, touched a nerve with Assistant Prosecutor Brian McCauley.

He surmised the detective, who worked tirelessly trying to solve the death of Smalley, a 20-year-old black man from Ewing, was being dragged through the mud in the newspaper for the public to devour.

Heyburn has been unapologetic about his tactics, concerned with seeing to it that a man he says is innocent is not locked up for the rest of his life.

Perhaps looking to outdo himself yet again, Heyburn ratcheted up the histrionics Thursday, when he delved into questions about text and Facebook messages on Smalley’s phone.

Edward Heyburn

Edward Heyburn

Investigators obtained a warrant to scour the phone, looking for exchanges that might lead to whoever killed Smalley.

Heyburn attempted to question Itri about two pages of messages. But the jury heard few specifics of the phone conversations after McCauley raised an objection, leading to an eight-minute sidebar between the attorneys and the judge.

Smalley’s conversations were critical in helping Heyburn’s third-party guilt defense, and became clearer after The Trentonian obtained a recording of several sidebar conversations.

The recordings showed that Heyburn believed Smalley may have been feuding with another individual, possibly over money, a year before he was shot and killed.

Heyburn read from the slang-filled Facebook messages at sidebar before he was interrupted by the judge.

“Bro, I know you told me to chill,” the message said. “But I couldn’t control myself. Shaking my head (SMH).”

“Let me just read it,” the judge said, after McCauley questioned whether the acronym SMH really meant “Shaking my head.”

Heyburn also referenced messages Smalley allegedly exchanged with someone about “an extension,” which the defense attorney surmised was an extended clip to a high-capacity weapon.

“This is now a situation where a defense attorney is testifying what slang means,” McCauley said.

Heyburn said there was also “apparently a conversation, or at least a message, to Mr. Smalley that he either lost or didn’t properly take care of somebody else’s money, and the person was upset with him and he wants Rico to straighten it out.”

The judge said, “We’re getting into a black hole in terms of the timing, the relevancy, in terms of what it means.”

After the sidebar was over, Heyburn asked Itri vaguely about the messages and whether he investigated  claims made in the messages, which were not detailed for the jury.

The day before, Heyburn also tried to get in front of the jury unsubstantiated claims made by a man named John “Buck” Meyers. Meyers was at the bar when Smalley was shot but did not see it happen.

Enrico Smalley Jr.

Enrico Smalley Jr.

During another sidebar Wednesday, Heyburn discussed Meyers’ interview with Itri. Meyers told the detective he heard Smalley killed someone in the past, Heyburn said, according to the recording.

Meyers also relayed to the detective a phone call he received from a woman who has never been identified at trial, Heyburn said.

The woman, Heyburn said, told Meyers that she was “out at a block party and there’s another guy who fits Alvie Vereen’s description. She overhears the person who meets the description say, ‘I don’t give a f--- who hears it. I killed him. I’m gonna put sheets out for all of them.’ Something to that effect. That lead was never followed up on.”

McCauley called the woman’s claims “hearsay upon hearsay upon hearsay” and said they had no place in the courtroom.

Heyburn was limited to asking Itri whether he received information about whether “other people shot and killed Enrico Smalley.”

The detective’s response for jurors was: “No. Nothing other than word in the street, possibilities. All of those also included Mr. Brown. No one who saw it or heard it or anything no one with direct knowledge ever said anything other than him.”

Teen arrested for killing Trenton teen Ciony Kirkman could be tried in adult court

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Prosecutors will try a city teen accused of fatally shooting 16-year-old Ciony Kirkman as an adult, officials confirmed.

Ciony Kirkman (contributed photo)

Ciony Kirkman (contributed photo)

The 17-year-old boy has been charged with murder, six counts of aggravated assault and weapons offenses. His name and photo have not been released because of his age.

Casey DeBlasio, spokeswoman for the Mercer County Prosecutor’s Office, said prosecutors will ask a judge to allow them to try the teen as an adult. Prosecutors have 30 days to ask for the waiver to adult court, she said.

“The office will be seeking to waive him to adult court,” DeBlasio said. “He would not have a bail hearing unless or until the waiver is granted by the judge and adult criminal complaints are filed.”

The teen was arrested at a relative’s house by U.S. Marshals late last month. He is being held at the Middlesex County Youth Detention Center.

Kirkman, a student at Daylight/Twilight High School, was the city’s fifth murder victim of the year. She was shot in the head while she and six other juveniles were inside a Ford Windstar that was reported stolen.

The stolen minivan was ambushed by gunfire on Jersey Street around6:30 p.m. April 24, police said.

Several sources told The Trentonian residents of Jersey Street were warned the street was “going to be lit up like a firecracker” prior to the shooting.

Minutes after the warning, sources say, they heard at least a dozen gunshots in rapid succession.

Kirkman died two days later. Her funeral service over the weekend was interrupted by an unfounded report of gunfire, police said.

City man with ties to notorious family testifies in Shaheed Brown retrial

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Shaheed Brown listens to testimony from State Police Detective Joseph Itri. Gregg Slaboda - The Trentonian

Shaheed Brown listens to testimony from State Police Detective Joseph Itri. Gregg Slaboda - The Trentonian

A city man with ties to a notorious Trenton family said Monday he was headed to a weed-filled lot to relieve himself when a Ewing man was gunned down outside a troubled city bar.

Wearing a green prison jumpsuit, his hands shackled in front of him and his hair in tight cornrows that exposed parts of his scalp, Raesean Sutphin, 21, told jurors that he saw Shaheed Brown as he rounded the corner from a vacant lot after hearing gunshots.

Brown is being tried a second time for murder after his initial trial ended last year in a hung jury.

Sutphin, the brother of slain Rodney Sutphin, did not see a gun in the former Newark gang member’s hand — or in anyone’s hand — as he peered toward the area where Enrico Smalley Jr. was shot six times, including twice in the head, near a white SUV parked in front of the bar.

“I was going to take a piss,” said Sutphin, who is one of four people who was arrested and charged with attempted murder for an unrelated October 2014 shooting that injured two city residents on St. Joe’s and Girard avenues, about a half-mile from La Guira Bar.

After the jury was dismissed for the day, Judge Andrew Smithson denied a motion from the defense for a directed verdict that relied on Sutphin’s testimony.

Smithson said there was ample evidence for the jury to consider whether Brown shot Smalley. He felt Sutphin’s testimony did little to bolster Brown’s third-party guilt defense, implicating Alvie “King” Vereen, one of the men who accompanied Brown to the bar.

In fact, Smithson remarked outside of the jury’s presence that Sutphin’s testimony about being toward the back of the vacant lot, which sits between La Guira and row homes, at the time of the shooting was “bizarre” and unbelievable.

The judge said Sutphin, who pointed himself out on surveillance wearing a bucket hat and walking in front of Smalley and Brown moments before the shooting, did not have time to get to the lot.

Sutphin’s brother, Rodney, was also at the bar the night of the murder, although he told detectives otherwise.

Rodney, who was gunned down about three months later, was never confronted about the lie.

Raesean Sutphin was with a friend, “Juice,” shortly before the shooting.

Testifying as one of three defense witnesses, Sutphin said he had known Smalley for about 11 years prior to his murder.

Sutphin did not know Brown, who did not to testify in his own defense, prior to him being charged with Smalley’s murder.

Sutphin saw a tall African American man with his hair pulled back standing with Smalley near a white SUV.

While he was urinating, Sutphin heard gunshots and crouched down to ensure he wasn’t being shot. When he re-emerged he saw Brown but did not see a gun in his hands.

Authorities did not recover the 9 mm handgun used to kill Smalley.

Prosecutors rested their case Monday morning after calling eight witnesses, including State Police Detective Joseph Itri, who last week guided jurors through surveillance tapes.

The surveillance footage from La Guira and Ann’s Place, city bars within walking distance of each other at the intersection of North Clinton Avenue and Poplar Street, did not capture the shooting but depicted Smalley’s final moments, before he stepped off camera with Brown prior to gunfire erupting, sending patrons spilling into the streets and huddling inside the bar.

Itri testified that surveillance footage, obtained from Ann’s Place, showed Brown “manipulating a dark-colored object” about three minutes before Smalley was shot.

The camera was posted on a lamppost across the street from the bar, and it was dark outside, making it difficult to determine if Brown had anything in his hands.

Closing arguments are expected to start Tuesday at 9 a.m.

Prosecutor at Shaheed Brown retrial: 'This was an assassination'

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Edward Heyburn thinks he got it right when he said another man other than his client killed a Ewing man outside a Trenton bar.

In his closing arguments Tuesday, the defense attorney slammed the Mercer

Shaheed Brown listens to testimony from State Police Detective Joseph Itri. Gregg Slaboda - The Trentonian

Shaheed Brown listens to testimony from State Police Detective Joseph Itri. Gregg Slaboda - The Trentonian

County Homicide Task Force, a special team of investigators formed in 2013 to combat job cutbacks, for its Descartian logic in fingering former Newark gang member Shaheed Brown for the murder of Enrico Smalley Jr. outside of La Guira Bar on July 12, 2014.

“Not everybody acts right. Not everybody does their job,” Heyburn said. “Detective [Joseph] Itri assumed he was right.”

Heyburn should have uttered a famous philosopher’s words in his closing argument -- “I think therefore I am” – because the county homicide task force wasn’t the only one guilty of Descartian logic in this case.

Brown's second trial wrapped up Tuesday, as jurors heard closing arguments before getting the case later in the day. Brown's first trial in October 2015 ended in a hung jury.

Not parsing any words, Heyburn said detectives failed to follow up leads and speak to crucial eyewitnesses before Itri drew up a warrant for Brown two days after the murder.

One of those witnesses was Kayemma Strong, who appeared from surveillance tapes to have a perfect look at the killer. Itri played a game of "cat and mouse" but never got a statement from her.

Heyburn pounced on that, attacking police and the prosecutor for their “tragic lack of humility,” which he said was symptomatic of the criminal justice system.

Assistant Prosecutor Brian McCauley defended the state police detective, saying the only reason he had a case was because of Itri's dogged police work tracking down people who were scared to come forward.

Those people included Smalley’s cousin, Melissa Brown, and Kenneth Crawford, a former corrections officer.

Crawford was still frightened when he testified, showing up in oversized sunglasses and putting on his best “Batman voice” to conceal his identify, the prosecutor said.

“As long as the evidence points at Shaheed Brown, they didn’t do enough,” McCauley said of investigators' efforts.

Itri was attached to the Mercer County Homicide Task Force, a seasoned group of detectives drawn from state and city police, the sheriff’s office and municipal police departments. They focused on solving murders in the area.

Heyburn said the group’s “incredible” name made them sound formidable. But in reality, he said, they missed evidence pointing at another man, Alvie “King” Vereen, one of the men who accompanied Brown to the crime-ridden bar.

“Why wasn’t a crime-scene reconstruction done?” Heyburn said, mapping out where two of the state’s witnesses were around 1:21 a.m. and pointing to the location of shell casings, which he said were closer to Vereen.

“They had resources. Detective Itri could have gone back with the witnesses. He could have gone there with each of the witnesses. But he and Mr. McCauley were right as of July 14, 2014. They were only gonna accept the evidence that fit the information of what they already decided.”

Itri on July 14 wrote up a warrant charging Brown with Smalley’s murder, based in part on a 911 tape and a statement from Crawford, the former corrections officer who made the anonymous call.

State Police Detective Joseph Itri testifies at Shaheed Brown's trial. Gregg Slaboda - The Trentonian

State Police Detective Joseph Itri testifies at Shaheed Brown's trial. Gregg Slaboda - The Trentonian

Brown wasn’t apprehended until a month later, in August 2014.

By that time, McCauley noted, Brown had changed his appearance. He had shaved off the long dreadlocks, tucked underneath a do-rag, he was captured by surveillance cameras sporting when Smalley was gunned down.

The prosecutor pointed out that Brown was the last person seen with Smalley before they stepped off screen moments before gunshots rang out.

“This was an assassination,” he said.

McCauley dismissed the defense theory that Vereen was the real killer, saying Brown had a bulge in his pants, appeared to cock a “dark-colored object” three minutes prior to the murder and had beef with Smalley’s associates who chased him from La Guira a week prior.

Heyburn said it was implausible his client would pull out a handgun and cock it in front of everyone outside of La Guira Bar.

McCauley said the defense’s conclusion conveniently ignored that Vereen was Brown’s friend and a part of his entourage the night at the bar.

“Alvie Vereen did not do the shooting,” McCauley said. “Alvie Vereen is his buddy. He didn’t have time, the opportunity or the motive. Five seconds is not enough time to inflict the carnage inflicted on Enrico Smalley.”

Vereen and another man, Rodney Sutphin, followed Brown around like “puppy dogs,” McCauley said, referring to Brown as the “alpha male.”

Rodney Sutphin was captured by surveillance mingling with Brown and others outside the bar. Detectives spoke to him within hours of the murder but he denied being there. It wasn’t until weeks later that detectives discovered that was a lie. But they never confronted Sutphin about it, which Heyburn said was critical to solving the murder.

Enrico Smalley Jr.

Enrico Smalley Jr.

Sutphin was killed about three months after Smalley’s death. His murder remains unsolved.

Heyburn pointed to Sutphin’s actions prior to the murder as proof he was involved in a plot to have the Ewing man killed.

Sutphin went over and got Vereen’s attention moments after Smalley exited the bar and walked down the sidewalk with Brown, Heyburn said.

The two walked next to each other, perhaps conversing along the way. As Vereen got near where Smalley was standing, he appeared to reach into his waistband with his left hand, Heyburn said.

Vereen stepped off camera and wasn’t visible for about five seconds, which coincided with when people reacted to the shots on the soundless surveillance tapes, Heyburn said.

Vereen was “within feet, if not inches” of Smalley when he was shot, Heyburn said.

When Vereen reappeared on screen, he had his hands tucked in and zig-zagged out of camera view in the middle of North Clinton Avenue.

McCauley focused on Brown’s actions, the day Smalley was killed and afterward, and a lack of witness cooperation the authorities encountered.

The prosecutor said a 911 tape, in which Crawford admitted on the stand to making assumptions when he described the shooter as being an African American man about 6 feet tall, wearing light clothing and having dreadlocks, was the “unfiltered truth.”

The phone call was made 22 minutes after the murder. McCauley played back the 911 phone call back once more for jurors.

Crawford said on the phone call, and Brown mouthed as much to his defense attorney, that he “can’t really see” the shooting. Crawford testified to as much at trial.

McCauley said Brown picked up and left his South Broad Street apartment after the murder and had a “six-week head start” on the authorities, which explained why they never recovered the 9 mm murder weapon.

McCauley said “filters” colored the case, summing up the resistance law enforcement encountered with Melissa Brown’s testimony: “When people try to tell the police stuff, they kill you.”

“How many people knew what happened?” McCauley asked. “How many people came forward? Zero. People are scared to cooperate. Joe Itri had to track them down.”

The prosecutor said Brown had no reason to be at La Guira Bar when Smalley was killed.

Brown never entered La Guira, peering into a window from the vestibule, where he knew he wouldn’t be patted down.

He lived in South Trenton and could have gone to Trenton Social or Joe’s Mill Hill Saloon if he wanted to drink. Brown showed up about 15 minutes prior to last call because he was out to get “revenge,” McCauley said, “pacing and waiting for his prey to exit the bar.”

Then the prosecutor came to the glove. Heyburn offered no explanation for why surveillance showed a black glove on his client’s right wrist.

Calling the murder brazen, McCauley suggested the glove was used to conceal fingerprints.

“You are not afraid of anyone or anything,” McCauley said. “He does it right in front of the street.”


Defense attorney works third-party guilt defense at Trenton murder retrial for Shaheed Brown

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Two men were within feet of a Ewing man when he was executed outside of a city bar.

Prosecutors say this surveillance photo shows Shaheed Brown (left) and Enrico Smalley Jr. minutes before Smalley was gunned down outside of La Guira Bar on July 12, 2014.

Prosecutors say this surveillance photo shows Shaheed Brown (left) and Enrico Smalley Jr. minutes before Smalley was gunned down outside of La Guira Bar on July 12, 2014.

One is dead. Another altered his appearance and misled a detective who tried to interview him three times, following the murder of Enrico Smalley Jr., who was gunned around 1:21 a.m. on July 12, 2014 outside of La Guira Bar.

State Police Detective Joseph Itri referred to Rodney Sutphin and Alvie “King” Vereen throughout his time on the stand under cross examination Wednesday.

And like he did at the first trial, defense attorney Edward Heyburn spent much of the day chiseling out a third-party guilt defense. He goaded Itri about drawing up an arrest warrant for Brown within days of the murder, saying he did not have probable cause and had not eliminated Vereen and Sutphin as suspects prior to focusing on his client.

Heyburn’s tactics rubbed Smalley’s family members the wrong way, especially since the men he pointed the finger at were part of Brown’s entourage.

Outside the courtroom, one of Smalley’s relatives remarked that Heyburn was trying some “slippery s---.”

Third-party guilt

Vereen and Michael Becket arrived with Brown outside of La Guira Bar around 1:16 a.m., according to the surveillance tapes shown to jurors.

Vereen is a central figure in Brown’s defense. Heyburn contends Vereen was the real killer based on his behavior and movements prior to Smalley being shot six times, twice in the head, outside of a packed stretch of city bars along North Clinton Avenue.

Vereen was never charged in connection with Smalley’s murder.

Sutphin, whose name precedes him in Trenton because of his notorious uncle, interacted with Brown before Smalley was gunned down. He was killed three months after Smalley’s death.

His murder remains unsolved, and it is unclear if it is linked in any way to Smalley's death.

Authorities got nowhere when they attempted to speak with the men about what they knew about the murder, Itri said.

State Police Detective Joseph Itri testifies at Shaheed Brown's  trial. Gregg Slaboda - The Trentonian

State Police Detective Joseph Itri testifies at Shaheed Brown's trial. Gregg Slaboda - The Trentonian

Sutphin lied to detectives about not being at the bar, which authorities did not realize until after they thoroughly reviewed surveillance tapes and spotted Sutphin and Vereen following behind Brown and Smalley moments before shots rang out.

Detectives never confronted Sutphin about the lie. Itri said a second interview was not high on the priority list because Sutphin was uncooperative.

“I wish we had truth serum that made someone cooperate,” Itri said.

Still, no matter how he was plied, led or questioned, Itri never strayed from his convictions that Brown was the shooter. He did not consider Vereen or Sutphin as suspects. He said they were witnesses -- with one caveat.

“If we want to say there’s a conspiracy,” Itri said.

Heyburn cut off the detective before he could finish his answer.

Throughout the day, Heyburn zeroed in on Vereen, re-tracing his movements on the surveillance tapes seconds before Smalley was gunned down.

Shaheed Brown listens to testimony  from State Police Detective Joseph Itri. Gregg Slaboda - The Trentonian

Shaheed Brown listens to testimony from State Police Detective Joseph Itri. Gregg Slaboda - The Trentonian

Brown, Vereen and Sutphin huddled together on Poplar Street around 1:20 a.m.

Around the same time, Smalley appeared in the bar vestibule and greeted a man, who handed him a cigarette.

Smalley walked outside where he met with Brown. Raesean Sutphin, Rodney’s brother, and another man known only as "Juice" walked in front of Brown and Smalley.

As they walked down the sidewalk, Brown appeared to use his body to shield his right hand. A black glove was visible from the wrist. The men then stepped out of view of the cameras.

Vereen and Rodney Sutphin followed behind.

Vereen walked with his arms near his waistband as he neared Smalley, though it was unclear if he reached for a handgun, as Heyburn suggested.

Itri shrugged off the defense attorney, saying Vereen’s swinging arms were part of his “normal gait.”

Heyburn blew up the photo and asked Itri if he could tell if Vereen reached for his waistband with his left hand.

“It’s two-dimensional so I can’t tell,” the detective said.

Itri agreed there was no gunfire until Vereen stepped off camera.

The two sparred about whether Vereen appeared to tuck something into his waistband when he reappeared about two seconds later, running toward Poplar Street before stutter-stepping and darting out of sight, into the middle of North Clinton Avenue.

Itri conceded only that Vereen’s arms were tucked in close to his body and not visible to the camera.

The scene

Heyburn tried to bolster his point with the jury by cycling through photos of the shell casings and bullet fragments found outside of La Guira.

Earlier, Heyburn asked the detective about Dr. Raafat Ahmad’s autopsy on Smalley and whether investigators could have used her findings to reconstruct the shooting.

Heyburn contended Ahmad’s findings could have helped a ballistics experts determine where the shooter was when Smalley was shot. Five of the bullets entered Smalley’s body from the left side, Heyburn said.

Itri was noncommittal, asking Heyburn to “hit the definition of trajectory.”

Mum’s the word

Investigators attempted to interview Vereen for the first time in December 2014, five months after Smalley’s death. He was locked up on unrelated charges in Bucks County, Penn., Itri said.

Vereen was uncooperative, telling detectives he was not at the bar when Smalley was killed. That wasn’t true.

Like Brown, who had a clean shaven head when he was arrested in Newark in August 2014, Vereen had also changed his appearance, Itri said.

Both Brown and Vereen had dreadlocks the night of the shooting.

Vereen was only one of the numerous people detectives tracked down and tried to interview in the days and months after the murder.

Earlier in the day, Assistant Prosecutor Brian McCauley ticked off a list of people detectives sought out, including some of Smalley’s friends. Most people were not helpful or said they did not witness the shooting.

Detectives also spoke to the Sutphin brothers, who were at La Guira Bar around the time Smalley was gunned down.

Raesean Sutphin spoke to detectives around about 17 hours after the murder. He said he had stepped into an alleyway to “take a leak,” Itri said, when he heard gunshots.

Raesean Sutphin told investigators he was with a friend, “Juice.” They were captured by surveillance tapes walking in front of Smalley and Brown shortly before the shooting.

Heyburn said in his opening statement the men were an “escort or a block,” insinuating they were involved in a plot to kill Smalley.

Juice looked over his shoulder at Brown and Smalley. He was never identified or interviewed by authorities, Itri said.

Defending his investigation and pointing out the pains he went to ensure he had the right man, Itri said he had “no reason” to believe Raesean Supthin nor Juice was involved in Smalley’s murder.

“The point of my investigation is to find the truth,” he said. “I don’t get any compensation for solving homicides.”

Raesean Sutphin was later one of four people who were arrested and charged with attempted murder for an October 2014 shooting that injured two city residents on St. Joe’s and Girard avenues, about a half-mile from La Guira Bar.

Probable cause

Heyburn launched into his cross examination Wednesday morning by focusing on the information Itri had when he prepared an arrest warrant charging Brown with Smalley’s murder.

Itri filed a probable cause warrant charging Brown with murder two days after the slaying.

McCauley and a judge authorized the arrest warrant, which was based in part on a 911 tape, preliminary findings from Smalley’s autopsy and statements from Raesean Sutphin and former corrections officer Kenneth Crawford.

Some of the information the detective received from Crawford was shown at trial to be untrue.

Crawford acknowledged when he testified this week that portions of the 911 call he made anonymously from a 7-Eleven pay phone on North Olden Avenue about 22 minutes after the shooting were inaccurate and he made assumptions about who was the shooter.

Specifically, Crawford said he saw someone shooting down at another man and identified the shooter as a taller African-American man with dreadlocks who had fled toward North Olden Avenue following the shooting.

Itri visited the 7-Eleven and obtained surveillance that helped lead him to Crawford, who had refused to identify himself to a 911 dispatcher.

Crawford acknowledged he did not see the actual shooting because his view was obstructed by a Lincoln Navigator parked in front of La Guira Bar.

Crawford was sitting in his vehicle across the street from the bar when he was startled by gunshots. He testified this week that when he looked up, he saw the upper body of a man who appeared to be jerking.

“I’m thinking this person may be involved in the gunfire because I see their body doing a little jumping motion each time the gunfire went off,” Crawford said.

The trial resumes Thursday with Itri back on the stand.

Ewing man's bail hearing cancelled over attorney conflict

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The bail hearing for a Ewing man accused of gunning down Jermaine “Mooky” Johnson was moved to next week because an attorney said she was unable to represent him.

Jermaine "Mooky" Johnson (Facebook photo)

Jermaine "Mooky" Johnson (Facebook photo)

Caroline Turner, an attorney for 32-year-old Jamar McCoy, said it would be inappropriate for her to argue the Ewing man’s bail because she represents Johnson’s brother in another criminal matter.

Judge Peter Warshaw agreed to push back McCoy’s bail hearing until Monday. He is charged with murder and weapons offenses for allegedly gunning down Johnson, 26, on April 26, while he sat inside of a Nissan Murano parked in the driveway of a Hillcrest Avenue residence.

Johnson was shot at least five times and taken by ambulance to a hospital where he was pronounced dead.

McCoy is also charged with aggravated assault for pistol-whipping Johnson’s brother after the shooting. It was not clear if he is the same man who is represented by Turner.

Johnson’s family members showed up to court wearing bright red memorial shirts, plastered with a picture of their slain relative and his nickname. The judge apologized to the family for the inconvenience and instructed attorneys to make sure they are prepared to address McCoy’s bail next week.

The public defender may need to tap a defense attorney outside of its office because of the conflict, Turner said. That decision rests with Jessica Lyons, the top public defender for Mercer County.

Jamar McCoy

Jamar McCoy

McCoy remains jailed on $1 million bail.

Trenton man at center of defense was arrested with Shaheed Brown in 2014

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When a former Newark gang member befriended a city man, the last thing he could have envisioned was being the individual a defense attorney would accuse of pulling off what a prosecutor described this week as the brutal assassination of a Ewing man.

But that is the position Alvie Vereen is in, testing the strength of his friendship with suspected killer Shaheed Brown.

The two were said at trial to be close, Assistant Prosecutor Brian McCauley suggesting Vereen followed Brown around like a “puppy dog” outside of a city bar that became the scene of a grisly murder.

Shaheed Brown listens to testimony from State Police Detective Joseph Itri. Gregg Slaboda - The Trentonian

Shaheed Brown listens to testimony from State Police Detective Joseph Itri. Gregg Slaboda - The Trentonian

Brown is on trial for a second time for allegedly gunning down Enrico Smalley Jr. on July 12, 2014, outside of La Guira Bar.

While it has been asked to access the credibility of a third-party guilt defense implicating Vereen, the jury does not know Brown and Vereen were arrested together in Newark for an alleged carjacking, about a month after Smalley was gunned down, according to sources with knowledge of the arrest.

The panel deliberated the Newark man’s fate Wednesday without reaching a verdict.

While Brown’s alleged role in the carjacking was revealed at his bail hearing in August 2014, The Trentonian for the first time is revealing Vereen’s alleged involvement.

State Police Detective Joseph Itri said that by that time Brown was arrested in Newark, he had shaved off his long dreadlocks.

Following the murder, prosecutors contend Brown skipped Trenton for his hometown of Newark, where he had family who could help him evade authorities. His defense attorney has disputed that notion.

Prosecutors did not try to get information about the duo’s arrest before the jury, and a judge would have ruled it was improper because the carjacking case never went forward.

But it is critical in helping fill in gaps about Brown’s whereabouts following Smalley’s death.

Without a complete picture of the men’s past and without testimony from Brown or Vereen, jurors have been asked to consider which scenario is more plausible:

That Brown, who allegedly was chased from the bar by with a gun by Smalley’s associates a week before the murder, was out for “revenge” when he showed up to the bar about 15 minutes before last call and shot Smalley to death.

Or that evidence points toward Vereen, who appeared to act suspiciously on surveillance tapes, as the possible killer.

The competing theories have thrust Vereen into the center of the trial and have highlighted the disquieting connection between the men, which has been largely ignored by the defense.

Vereen, known on the streets as “King,” was with Brown in Newark when they were arrested Aug. 17, 2014 for an alleged carjacking of a Trenton man who was allegedly shot in the face.

The carjacking took place more than a month after Smalley was gunned down.

McCauley mentioned the carjacking at Brown’s bail without going into great detail.

But The Trentonian has learned Vereen allegedly was armed when he was pulled over by Newark police in a blue Lexus, according to sources with knowledge of the arrest.

When police searched the car, they found a .380 Beretta loaded with five rounds. Brown was in another vehicle, following behind the blue Lexus.

State Police Detective Joseph Itri testifies at Shaheed Brown's trial. Gregg Slaboda - The Trentonian

State Police Detective Joseph Itri testifies at Shaheed Brown's trial. Gregg Slaboda - The Trentonian

Itri went to Newark and brought Brown back to Trenton, while Vereen remained in police custody in Newark.

Itri did not interview Vereen about Smalley’s murder until December 2014.

The alleged carjacking victim did not pursue charges against Brown or Vereen. And Essex County prosecutors found no trace of gun charges being filed against Vereen.

When investigators visited Vereen months later at a detention center in Bucks County, Pa., where he was locked up on unrelated drug charges, he had changed his hairstyle.

He denied being at La Guira Bar, which investigators realized was not true after reviewing surveillance tapes.

Heyburn seized on Vereen’s recalcitrance with police detectives and pointed to his actions on surveillance tapes.

Vereen was near the entrance of La Guira when Rodney Sutphin got his attention as Smalley exited.

Brown and Smalley walked down the sidewalk.

After the men step off camera, Vereen and Sutphin walked toward Smalley.

Vereen appeared to reach with his left hand toward his waistband seconds before the Ewing man was shot, Heyburn said.

Jurors cannot consider attorneys’ closing arguments and must make a decision based off evidence. It’s unclear how, if at all, Heyburn’s claims will affect jury deliberations.

Man murdered in Trenton Wednesday night

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Crime scene evidence placards littered the sidewalk and rear of a home at the intersection of Whittaker Avenue and Elmer Street, suggesting another tragedy had struck the capital city.

Ricardo Montalvan Jr., 23, was shot and killed Wednesday night, becoming the seventh person to die by gunfire in Trenton this year.

Police found Montalvan sitting in a silver Toyota Camry that was parked in the 200 block of Whittaker suffering from multiple gunshot wounds around 10 p.m. Wednesday. Montalvan died at the hospital, less than an hour after the shooting.

Montalvan was arrested in April last year after police saw him smoking marijuana in his car and then found him in possession of prescription pills, ecstasy and two guns.

Ricardo Montalvan Jr.

Ricardo Montalvan Jr.

At the time, police said Montalvan was sitting in his car near the corner of Elmer and Whittaker when officers allegedly saw him smoking pot. After police arrested him, they found that he was in possession of a .38 caliber revolver, a .380 semi-automatic pistol, 20 grams of ecstasy, 180 grams of marijuana, more than 100 oxycodone pills, more than a dozen Xanax pills and an undetermined about of Suboxone, which is a prescription drug used to treat opiate addiction.

His family and friends will remember him as a "humble and funny" person who was "loved by many."

"He was a fun-loving gentleman, very humble and very supportive of his brother Carlos as an artist," a friend who asked to remain anonymous said. "My heart breaks for Carlos and I'm at a loss for words because anything I say won't bring his brother back. I continue to pray that this violence in Trenton finds an end."

Police have not released a suspect description nor a motive for Wednesday's slaying.

Anyone with information about the murder is asked to call the Mercer County Homicide Task Force at (609) 989-6406 or contact the Trenton Police confidential tip line at (609) 989-3663. Individuals may also call the Trenton Crime Stoppers tip line at (609) 278-8477. Those wishing to text a tip can send a message labeledTCSTIPS to Trenton Crime Stoppers at 274637.

Second juror 'vanishes,' false start on second mistrial for Shaheed Brown

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A juror “vanished” into thin air and was replaced Thursday by an alternate in the second murder trial of former Newark gang member Shaheed Brown.

The woman, Juror No. 8, was the second juror to be dismissed in the retrial of Brown, who is accused of gunning down Enrico Smalley Jr. outside of La Guira Bar in July 2014, leaving only 12 jurors remaining.

That was significant because the loss of an additional juror would result in a mistrial, forcing prosecutors and the defense to embark through a third trial.

Shaheed Brown listens to testimony from State Police Detective Joseph Itri. Gregg Slaboda - The Trentonian

Shaheed Brown listens to testimony from State Police Detective Joseph Itri. Gregg Slaboda - The Trentonian

And it almost ended that way, again, Thursday.

Those 12 jurors returned to a courtroom after about four and a half hours or spirited discussion and uttered the same words that haunted those at Brown's first trial: We are deadlocked and further deliberations will not be fruitful.

But when Judge Andrew Smithson polled each juror, he found they were more divided than they knew.

Two of the 12 jurors, both women, said they were "not sure" if  a unanimous verdict was out of reach if they returned to the deliberations room once more to try to hash out the issues.

Apparently that was the only prodding needed. The jurors went back into the deliberations room, returned 15 minutes later and said they wanted to pour over the case for a few more hours Friday.

On their way out, they provided a list of things to the prosecutor that they need to possibly un-hang them.

If they are unable to come to a verdict Friday, prosecutors must decide whether to try the case a third time.

The two trials have already been contentious and hard-fought, with a cutthroat rivalry developing between Assistant Prosecutor Brian McCauley and defense attorney Edward Heyburn.

Their relationship grew even more acrimonious when Heyburn suggested to The Trentonian following the first day of jury selection in the second trial that State Police Detective Joseph Itri offered racist testimony at the first trial.

Itri testified at the first trial that he believed Brown was armed because of his sagging pants, which he contended were weighed down by a handgun. The murder weapon, a 9 mm Luger, was never recovered.

State Police Detective Joseph Itri testifies at Shaheed Brown's trial. Gregg Slaboda - The Trentonian

State Police Detective Joseph Itri testifies at Shaheed Brown's trial. Gregg Slaboda - The Trentonian

An alternate subbed in for the unaccounted-for juror, and the panel started from scratch around 10 a.m. after deliberating the case over the last two days.

There was no word about the woman’s whereabouts by the end of the day.

Fellow jurors reported to Judge Andrews Smithson that the woman complained Wednesday of stomach pain and had her head down on the table at times during deliberations.

Juror deliberations were delayed by 40 minutes Thursday morning as court staff made numerous efforts to get in touch with the juror but could not reach her by phone.

After hearing from 11 witnesses – eight put on the stand by prosecutors, three by the defense – over three weeks, and listening to closing arguments Tuesday, the jury deliberated about five and a half hours over two days.

Not wanting to delay the panel’s discussions, and without any idea of where the woman could be, the judge asked  attorneys what they thought about substituting in another woman for the missing juror. They agreed.

Another juror, an African American man, was dismissed last week prior to the end of testimony because of an apparent work conflict.

There were also concerns about whether he may have overheard conversation while standing in the hallways of the courthouse during breaks and whether it may have impacted his ability to deliberate the case.

The jury asked Tuesday to review surveillance tapes from two city bars, focusing in on the moments before Smalley was gunned down. Smalley was shot six times, twice in the head, within seconds.

He and Brown were off camera at the time of the shooting, but the tapes showed another man, Alvie “King” Vereen, walked with Rodney Sutphin, toward where the two stood.

Itri testified that Brown manipulated a dark-colored object near Poplar Street, about three minutes before Smalley was shot.

Brown’s attorney looked to undercut that by arguing Vereen was more likely the shooter. He contended Vereen appeared to reach toward his waistband with his left hand prior to stepping off screen, which coincided with when bar patrons reacted to shots on the soundless surveillance tapes.

The problem is Brown and Vereen are friends and were arrested together in Newark for an alleged carjacking in August 2014, about a month after Smalley’s murder.

Enrico Smalley Jr.

Enrico Smalley Jr.

The jury is not aware of the true extent of Vereen and Brown’s prior association.

McCauley told jurors in his closing argument that Brown and Vereen were friends and Vereen followed around “alpha” male Brown like a “puppy dog.”

Neither Brown nor Vereen testified in either trial. Jurors are not aware of Brown’s prior criminal record, which includes convictions for attempted murder and aggravated arson.

He spent time in solitary confinement in Newark’s high-risk gang unit of Northern State Prison, which has since closed.

Brown is believed to be a former reputed member of the Grape Street Crips, though his supporters and attorney have said he is no longer active in the gang lifestyle.

His attorney has previously driven a wedge into his client’s alleged association with the Grape Street Crips, a brutal gang the authorities say have controlled and terrorized many Newark neighborhoods, according to the Newark Star-Ledger.

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