Ninth suspect in 2-year-old Carrollton killing goes free after most charges dropped
by Heather L. FinleyThe Times-Georgian
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Sixteen of the 17 charges filed against Cody Buchanan, one of nine suspects arrested in connection with a 2006 shooting death in Carrollton, were dropped during a hearing Tuesday.

Buchanan, 20, left the Carroll County Courthouse a free man following the hearing. He pleaded guilty to possession of a handgun by a person under the age of 18, a misdemeanor punishable by up to one year in prison. Buchanan, who has already spent 20 months behind bars, was given credit for time served.

Buchanan was the last of the nine original suspects to have his case disposed.

Others who were charged in the fatal shooting of 35-year-old Paolo Cabanas on July 19, 2006, were Aerius “Pete” Potts, 18; Randall “Boots” Laye, 19; Christopher “C-Weezy” Coleman, 21; Arlandra “Red” Deonta Holland, 18; LaBryan “Brian” Lytle, 19; Chade Lamont Ackey, 20; Varion “Snoopy” Shell, 18; and Marcus Tyrone Oliphant, 19.

When the shooting occurred, Cabanas was at home at the Elizabeth Village mobile home park with her husband Jorge Espinosa, her brother-in-law Pedro Espinosa and three young children Cabanas was babysitting. Pedro Espinosa, who was outside when the shooting occurred, was shot in the leg. Jorge Espinosa’s arm was grazed by a bullet, and a 9-year-old girl inside the mobile home was shot through both legs. Cabanas was fatally shot.

Buchanan faced charges of two counts of murder, eight counts of aggravated assault, three counts of first-degree cruelty to children, and single counts of armed robbery, 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 for his alleged involvement in the armed robbery that ended in Cabanas’ death.

As Tuesday’s hearing drew to a close, defense attorney Gary Washington announced that Buchanan wanted to accept the plea agreement offered to him. Prosecutor Anne Allen told Superior Court Judge Dennis Blackmon that by allowing Buchanan to plead guilty to the single charge, Cabanas’ family would be spared the pain of yet another trial.

“They want to see justice done, but they’re satisfied that this is justice in this case,” she said.

Allen said after the hearing that she was satisfied with the outcome for the sake of the victims’ families.

“I’m just glad for the victims that they don’t have to relive this again in court,” she said.

Washington said after the trial that he believes Buchanan is innocent of all charges and the fact that 16 of Buchanan’s charges were dropped proves his point.

“Any time you get it reduced to a misdemeanor, you can tell there’s serious flaws in the case,” he said.

As part of his plea agreement, Buchanan was granted first offender status.

Of the others charged in the shooting, Potts was acquitted of murder but found guilty of 13 other charges and sentenced to life plus 205 years in prison. Laye was found guilty of armed robbery only and sentenced to life in prison. Lytle was found guilty of multiple counts after a trial and sentenced to two consecutive life sentences in prison plus 90 years. Oliphant was found guilty on 16 charges including two counts of murder and sentenced to two consecutive life sentences plus 130 years in prison.

Coleman and Holland pleaded guilty and were sentenced to serve life in prison plus 10 years. Ackey was acquitted of all charges. Shell was acquitted of all charges except possession of a pistol or revolver by a person under the age of 18, the same charge to which Buchanan pleaded guilty. Shell was sentenced to a year in prison, which he had already served prior to the trial.

During Tuesday’s hearing Allen called as a witness former Carrollton police sergeant and detective Steve Daniel, one of the first authorities to interview Buchanan following Cabanas’ death. Daniel testified that he first interviewed Buchanan on July 20, 2006, the day after the shooting. According to Daniel, Buchanan came to the Carrollton Police Department for questioning that day accompanied by his mother and a male relative.

Buchanan was considered only a witness in the case when he was brought in for questioning on July 20, according to Daniel. However, Buchanan was arrested and charged the following day.

Allen played a recording of Buchanan’s original interview with police during the hearing. Washington pointed out that Buchanan made numerous remarks, saying that he was scared and wanted to go home during the interview.
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