Change in testimony stalls trial
by Meghann AckermanThe Times-Georgian
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The trial of one of nine defendants in the 2006 murder of a Carrollton woman will have an extra-long recess to allow for transcripts of another defendant’s testimony to be made.

Assistant District Attorney Anne Allen said there were “slight inconsistencies” in the testimony of Christopher “C-Weezy” Coleman, 20, during the trial of Varion “Snoopy” Shell, 18.

Coleman has already pleaded guilty to murder, armed robbery, three counts of aggravated assault, three counts of cruelty to children, and possession of a firearm by a convicted felon and was sentenced to serve life plus 10 years in connection with the fatal shooting of Paolo Cabanas, 35, on July 19, 2006. He has also testified in the trials of codefendants LaBryan “B” “Brian” Lytle, 18, and Marcus Tyrone Oliphant, 19; both were also found guilty and sentenced to consecutive life sentences plus additional years.

“Mr. Coleman was testifying, and that’s their case,” said attorney, Samuel Rael, who is representing Shell. “He said he (Shell) had no gun and wasn’t involved in an armed robbery.”

Shell, along with codefendants Randall “Boots” Laye, 19; Cody Buchanan, 19; Chade Lamont Ackey, 19; and Aerius “Pete” “P” Deshad Potts, 17, is charged with two counts of murder, armed robbery, eight counts of aggravated assault, three counts of first-degree cruelty to children, possession of a gun or knife during the commission of a crime and possession of a pistol or revolver by a person under the age of 18.

Arlandra “Red” “D” Deonta Holland, 17, pleaded guilty to the same charges as Coleman and was sentenced to life plus ten years.

According to the prosecution, Shell was one of nine young men involved in an armed robbery and shooting at Lot 71 in Elizabeth Village. One shot killed Cabanas and another pierced the legs of Sabrina Montsivais, who was 9 at the time and being babysat, along with her siblings, by Cabanas that night. Two other men were wounded during the shooting: Cabanas’s husband, Pedro Espinosa, was grazed by a bullet, and his brother Jorge Espinosa was shot in the leg.

During his testimony in Lytle’s trial, Coleman said he was not aware of Shell having a gun, but Shell did take part in beating Pedro Espinosa.

Superior Court Judge Dennis Blackmon said he would allow the trial to be in recess until Thursday so transcripts of Coleman’s testimony could be made.

Rael objected to the delay.

“The jury is going to wonder what has happened,” he said during court. “I have never, ever seen or heard of this in the middle of examination of a witness.”

Blackmon said this break would be no different than any other recess.

Allen informed the court that the last prosecution witness would be Carrollton police Investigator Rita Worthy. As part of the testimony, Allen said a taped interview with Shell would be shown.

Rael objected, saying parts of the tape are inadmissible.

“That is not simply the statement of Mr. Shell,” he said. “There is hearsay of every other defendant spoken through the mouth of the investigator.”

Blackmon asked the attorneys to use the recess to work out disagreements they might have with the tape and bring any unresolved issues to him Thursday.
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