The Palestine Herald, Palestine, Texas

Local News

August 23, 2012

Murder trial continues in Henderson County

PALESTINE — The state on Wednesday continued to present its case in the murder trial of a 20-year-old Athens man accused in last summer’s driveby killing of an 18-year-old Westwood High School graduate.

James Garfield Marshall, 20, of Athens is being tried for the July 4, 2011 shooting death of a 18-year-old Desiree Dijon Brown of Palestine at the Henderson County Courthouse Annex in Athens.

A 12-person jury was seated in the case on Aug. 14, with testimony beginning the following day before Third State District Judge Mark Calhoon.

Through mid-afternoon Wednesday, the state had called a total of 40 witnesses.

The state is expected to close its case sometime this week, possibly today.

Once the state rests its case, the defendant, who is represented by court-appointed attorney John Youngblood of Athens, will have the opportunity to call witnesses.

If convicted, Marshall could face five-to-99 years or life in prison.

Athens police have said a large group of people, approaching 100, had gathered for a Fourth of July celebration last summer in and around the 300 block of Jonathan Street in the northern part of Athens.

Following a verbal dispute with someone at the get-together, Marshall left the area and returned approximately five minutes later, firing multiple shots from an AK-47 assault rifle, according to authorities.

“It was a very short episode with the shots being fired in quick succession,” Athens Police Chief Buddy Hill said at the time.

Brown was fatally shot, while a second person -- 18-year-old Cody Jamar Fillmore of Athens -- was shot in the upper arm and treated and released at the Athens hospital.

Marshall surrendered to Athens police roughly 1 1/2 hours after the shooting.

Police do not believe the suspect was targeting Brown.

Just one month before her death, Brown had graduated from Westwood High School where she excelled in athletics and was described by school officials as “friendly, bright and always happy.”

Henderson County District Attorney Scott McKee is representing the state during the trial.



Paul Stone may be contacted via e-mail at pstone@palestineherald.com

 

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