PALESTINE —
A Henderson County jury deliberated for approximately three hours Monday before sentencing a 20-year-old Athens man to 28 years in prison for the driveby shooting murder of a Westwood High School graduate last summer.
On Friday afternoon, the same 11-woman, one-man jury had found 20-year-old James Garfield Marshall of Athens guilty of the felony offenses of murder; aggravated assault with a deadly weapon; and aggravated assault from a motor vehicle.
Beginning with jury selection on Aug. 14, Marshall was on trial for the July 4, 2011 shooting death of 18-year-old Desiree Dijon Brown of Palestine.
One month and one day prior to her death, Brown had graduated from Westwood High School where she excelled in athletics and was described by district officials as “friendly, bright and always happy.”
Marshall’s punishment trial was held Monday, with the defense calling four witnesses, including the defendant’s mother.
Marshall faced five-to-99 years or life in prison.
Around 6:30 p.m. Monday, the jury returned its punishment verdicts, sentencing Marshall to 28 years in prison for murder; 10 years for aggravated assault from a motor vehicle; and two years probation for aggravated assault with a deadly weapon.
Under state law, Marshall’s sentences will be served concurrently.
The jury also assessed Marshall a total of $12,000 in fines.
Authorities have said Marshall got into a verbal dispute with an individual at a Fourth of July cookout/celebration in Athens last summer; departed the area; returned approximately five minutes later; and fired multiple rounds from an AK-47 assault rifle from his vehicle.
One of those rounds fatally struck Brown, who was not targeted by the shooter according to authorities, while an 18-year-old Athens man was shot in the upper arm and treated and released at an Athens hospital.
Henderson County District Attorney Scott McKee represented the state during the trial, while Marshall was represented by Athens attorney John Youngblood.
Third State District Judge Mark Calhoon presided over the trial.
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Paul Stone may be contacted via e-mail at pstone@palestineherald.com
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Athens man sentenced to driveby shooting murder of Westwood graduate
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