Prosecutor reacts to long robbery sentences for two who avoided conviction in death of Marine
Quincinio Canada and Dawan Mulazim were not convicted in the 2014 murder of a Marine corporal and robbery and assault of his wife, but they were sentenced Friday for the armed robbery of three people at a Quality Inn motel.
A Fayette jury convicted Canada, 26, and his uncle, Mulazim, 34, in June in the 2014 robbery of Jessica Rutherford, Darrell Hansford and Mitchell Smith.
Canada was sentenced to 50 years — to be served in addition to 20-year sentence he received in Louisville for a robbery there — for a total of 70 years.
Mulazim was sentenced to 60 years — 50 years for the Quality Inn robberies plus another 10 years for tampering with evidence.
Canada was acquitted of murder and robbery in the 2014 shooting death of Marine Cpl. Jonathan Price and was acquitted of robbery and assault in the wounding of Price’s wife, Megan, outside Austin City Saloon in Lexington.
The jury failed to reach a verdict on Mulazim in regard to charges of murder, assault, and robbery of the Prices. Fayette Commonwealth’s Attorney Lou Anna Red Corn has said her office intends to retry Mulazim.
“We have every intention of retrying him to hold him accountable,” said Assistant Commonwealth’s Attorney Kimberly Baird on Friday.
Before sentencing, Fayette Circuit Judge Pamela Goodwine rejected a motion filed by Mulazim’s attorneys to render in his favor a “judgment notwithstanding the verdict.”
The public defenders said procedural errors and the failure to have separate trials for the two men denied Mulazim’s right to a fair trial.
The prosecution said its evidence pointed to Mulazim and Canada as the men who stole a .45-caliber handgun from the Quality Inn guests and then used that gun to shoot the Prices.
The defense contended that police focused on Mulazim and Canada to the exclusion of other possible suspects, such as the man who eventually came into possession of the stolen handgun and then sold it to a confidential informant for the federal Bureau of Alcohol, Tobacco, Firearms and Explosives.
Canada and Mulazim are charged with two additional robberies in Fayette County. One was at Barnes Insurance on Winchester Road and the other on Second Street.
Goodwine set Sept. 21 for a status hearing on those cases and for discussion on retrying Mulazim.