Shell found not guilty in nine-suspect slaying|18-year-old found guilty only of possessing gun underage
by John HuetterThe Times-Georgian
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Varion “Snoopy” Shell, one of nine defendants charged in connection with a 2006 armed robbery and fatal shooting, was found not guilty Friday on all counts - including multiple murder and aggravated assault charges - except for possessing a gun underage.

He was sentenced to 12 months in prison for the misdemeanor - the maximum sentence except for an additional $1,000 fine - which has likely already been served as he was arrested in summer 2006.

The verdict, which also acquitted Shell, 18, of cruelty to children, armed robbery, and possession of a gun or knife during a crime, came after a lengthy trial and hours of jury deliberation in a case involving laws regarding those who may be present during a serious crime committed by a companion.

According to the prosecution, Shell, then 16, was one of nine young men involved in an armed robbery and shooting at Lot 71 in Elizabeth Village on July 19, 2006. One shot killed Paolo Cabanas, 35, 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’ husband, Jorge Espinosa, was grazed by a bullet, and his brother Pedro Espinosa was shot in the leg.

Defendant Christopher “C-Weezy” Coleman, 20, who testified during Shell’s trial, 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. 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.

Arlandra “Red” “D” Deonta Holland, 17, pleaded guilty to the same charges as Coleman and was sentenced to life plus 10 years.

Shell, along with codefendants Randall “Boots” Laye, 19; Cody Buchanan, 19; Chade Lamont Ackey, 19; and Aerius “Pete” “P” Deshad Potts, 17, was 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.

Whether or not Shell - apparently undisputedly present with the other suspects during at least some part of the assault on Espinosa - was party to the attack was contested by the attorneys during their closing arguments. Shell has said he went with the others to the scene but began running away before the shooting began.

During closing arguments Friday, defense attorney Samuel Rael said Shell was at the “bottom” of the “wolf pack” - a follower who didn’t know about any crime plans and was caught up in events - while Assistant District Attorney Anne Allen said Shell was more of a “wannabe.”

Rael said Shell asks, “‘How can you charge me in this? ... I am an innocent person, and you know it.’”

By following the others, Shell finds himself charged with these crimes, Rael said. “’I’m not a felon,’” Shell would say, according to Rael. “’I’m a good boy.’”

Shell can tell something will occur - “’What am I to do now?’” according to Rael. Should he jump on those armed with guns? “‘I know I must run, and I will.’”

“’I’m as sorry as I can be,” Rael said Shell says. “’...Right near me, people died.’”

“‘I have flaws,’” Rael said Shell says. Shell possibly should have known better, but he was doing the “‘best I can,’” according to Rael.

There is no evidence that Shell committed assault, cruelty to children or murder, and “character alone” shows he wouldn’t have, Rael said.

But Allen noted the idea of one using “common sense” and knowing the consequences of one’s actions. Georgia law finds that a person is responsible for the “natural” “probable” and “necessary” results of one’s actions, even if one didn’t intend these results to occur, Judge Dennis Blackmon read in his charge to the jury.

Shell walked “a long way” in the dark in Elizabeth Village with people armed with guns and someone wearing a mask, Allen said, and knew what was likely happening. It was “strength in numbers,” and Shell was part of it, she implied.

“He could have stayed back,” Allen said. Instead, it was “another face” during the attack to Pedro Espinosa, and possibly someone hitting him from behind, she said. Shell also had a cellular phone, she said, and could have called 911 and hidden the phone in his pocket - “Who’s to know?” - but didn’t.

He also continued to hang out with the others after the attack, she said, joining them when they went to get snacks, while Montsivais was being treated and Cabanas lay dead.

She also pointed out inconsistencies seen in Shell’s statement to Carrollton Inv. Rita Worthy - including an initial declaration he went straight home after the attack which was not supported by witnesses’ testimony - and that the fact that Shell contradicted Worthy at times was not an action of a “meek” boy.

“That is the character of the defendant,” she said.

Under Georgia law, as described by Blackmon, those not directly committing a crime can be charged with it- those aiding and abetting a murder, advising or encouraging it, or participating or helping in it can be considered just as guilty as the person who actually took the victim’s life. The same goes for those associated with the crime who did not disapprove, oppose, abandon, disavow or abandon it.

Allen explained the concept of being party to a crime by pretending to be the lookout of what she thought was an unarmed store robbery by two companions. One pulls a knife and stabs the clerk.

“I am a party to that assault,” she said.

In this vein, intent can also be transferred under Georgia law. During her closing argument, Allen described this concept as, say, hating one person but loving another. She tries to kill the person she hates but misses, and kills the one she loves. She is still guilty of murder, she said.

The jury began deliberations at 1:30 p.m. Friday, took a 1.5-hour break at about 5 p.m. and reached a verdict close to 9 p.m. The jury also suspended deliberation briefly to watch a video of Shell’s interview/interrogation with Worthy played during the trial and to view a diagram of the scene with notations by Coleman on where the suspects were.

The jury also received a verbal recharging by Blackmon on the concepts of intent, aggravated assault, murder, and possession of a firearm after requesting the definitions.

Staff writer Meghann Ackerman contributed to this article.
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