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DISPATCH: 20-year-old barely avoids life in prison after tense arguments
The Web site for the award-winning alternative weekly, the Philadelphia City Paper.
DISPATCH: 20-year-old barely avoids life in prison after tense arguments
An attorney representing 20-year-old George Spain had gone through an exhaustive final argument: Spain was up for murder one in courtroom 707 of the Criminal Justice Center on Monday afternoon. The sentence could land him in prison for the rest of his life and his attorney, Dennis Cogan, had explained the case in clear and uncertain terms:
Reginald James, Jr., 19, was shot and killed around 8:30 p.m. on Feb. 18, 2009 as he fled two assailants near a dark street corner in Germantown. Later than night, James’ girlfriend identified Spain and another man to police. They were taken into custody. The other man was released, however – and two new suspects came under scrutiny – after Spain supposedly told police what had really happened.
According to Cogan, Spain said two men -- Tyreese Copper and his father, Gregory Anderson (known as “Little Ty” and “Big Ty”) -- had targeted James Jr. because he had stolen a lockbox from them.
The Commonwealth wanted the jury to believe, Cogan said, that Spain had known about the planned murder, conspired to execute it, and then snitched to police to avoid implicating himself. This would make Spain liable for murder as an accomplice.
Cogan dismissed these notions outright – and a host of others – in just over an hour: Without Spain, Cogan said, the police had no case. “He sets it right!” Cogan said.
After the defense rested, it was John Doyle’s turn. Representing the District Attorney’s office, he said Spain had been “blowing up” Little Ty’s cell phone in the minutes leading up to the murder. Spain knew the plan, he worked with Big Ty and Little Ty to corner James Jr., and Spain should be sent to prison for life.
Doyle rested and then Judge Stephen R. Geroff outlined the juryÂ’s options: convicting Spain of murder one would land the 20-year-old in prison for life. Murder three would earn him a maximum of 40 years in prison. And if the jury found Spain not guilty, well, he would be sent home. ItÂ’s now up to the jury.
After less than two hours, the court’s clerk announces that the jury has come to a verdict. Family members here to support both Spain and the deceased James Jr. fill the courtroom. Eight officers from the sheriff’s department enter to keep things as calm as possible, standing on the courtroom’s edge with their revolvers tucked away, their walkie-talkies off and their hands folded stalwartly in front of their belt buckles. The room is quiet; there’s almost no sound but for occasional whispering and rustling clothes. The judge enters. The clerk asks that no one react to the verdict once it’s read. There are bated breaths and pregnant sighs. The jury enters – one at a time – and they sit. Another pause. The clerk reads the first count:
On murder in the first degree, how do you find the defendant, George Spain?
The jury foreman looks at the courtroom and demurs.
“Not guilty your honor,” he says. The courtroom stirs.
Murder in the third degree?
“Not guilty your honor.”
And on the conspiracy charge?
“Not guilty your honor.”
The room does, in fact, react. There are cries of joy and sadness from both sides of the room. Police officers, who testified for the prosecution and are now sitting in plainclothes in the front row of the court gallery, sit with arms crossed, visibly angry. They refuse to comment. A woman related to James Jr., who asks not to be identified, says the verdict “just ain’t fair” before breaking into tears.
And on the other side of the room – where Spain’s family now begins to exit – there are tears of jubilation. Donald Smith, Spain’s uncle, has tears rolling down his face when he says, “justice has finally been done today.”
But has it?
“The unfortunate thing about all this is that someone is dead,” says attorney Gary Silver, who worked with Cogan’s team on this case. “And not only are the guys who committed this murder still out there, but you had Spain sitting behind bars for two years waiting for trial.”
“It feels like everyone loses,” he says.
UPDATE: Tyreese Copper is, in fact, in lock up and is being prosecuted for murder; his trial is set for September (see this PDF of his docket sheet). His father, however, has not yet been arrested for this crime.
What I don't like about this is the lies that are in here. The most important one of them is that Reginald James Jr was killed for stealing a lock box. This is absolutely false information. He never stole anything from anyone. As a matter of fact, he didn't even know these people. It all came out in court that another young man had stole the safe and Reginald had nothing to do with it at all. And just in case your wondering, I'm Reginalds mother. My son that was 20 years old lost his life for absolutely nothing. We were new to this block and neighborhood. The only loser in this case is me, his family. We can never see, hear or touch him again. Very sad..I thank God that his word says, "you reap what you sew" and it will come back to those that participated in the death of my innocent son...I wish media would get the facts straight before they publish stuff.— mrsbabymj
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