Live updates: Lexington murder suspect pleads guilty to lesser charges after trial
A man accused of murder in a deadly shooting outside Fayette Mall has pleaded guilty to manslaughter instead after a jury failed to reach a verdict following a three-day trial.
Jessin Stateman, now 21, was charged with murder and criminal mischief after a deadly shooting in November 2020 which killed 23-year-old Jermaine Barber.
On Monday, prosecutors called several witnesses, including first responders, police personnel, firearm experts and a medical examiner. They built a case alleging that the shooting was a result of a drug deal gone bad. Their arguments referenced testimony and a previous police interview from Stateman and his ex-girlfriend, who told officers that Barber robbed them before Stateman shot at Barber eight times.
When speaking with police, Stateman and his ex-girlfriend told police that Barber got into their car, “pistol whipped” Stateman and made threats to kill them while trying to rob them before exiting the vehicle.
Lexington police Detective Tim Moore told the court on Monday that he received conflicting statements about why Stateman and Barber encountered each other at the mall.
“One person said they were there to buy shoes and was robbed. Another stated they were there to sell weed and was robbed,” Moore said during testimony.
Jury deadlocked, suspect pleads guilty
Jan. 25, 9 a.m. - Stateman pleaded guilty Tuesday to manslaughter and criminal mischief after jurors failed to reach a verdict in his murder trial, according to prosecutors.
The jury told Fayette Circuit Judge Kimberly Bunnell Tuesday night that they could not reach a unanimous verdict. After their deadlock, Stateman’s defense team and prosecutors reached a plea agreement on the lesser charge.
Stateman could face 15 years in prison. Read more about the outcome of the case here.
Prosecutor: Stateman fired while Barber was walking away
12:30 p.m. - Assistant Commonwealth Attorney Amanda Parker said in order to convict Stateman, the jury didn’t need to know or say which bullet shot fatally killed Barber. She said the jury was shown that a 9 mm bullet was pulled from his body and Stateman had a 9 mm gun.
She acknowledged that Barber brought a .40-caliber firearm to the scene, but said it was never fired.
“You know when a 9 mm is more powerful than a .40-caliber? When that .40-caliber is never fired,” Parker said. “... We know he never fired it from what the defendant said, and that there was no .40-caliber shell casings found at the scene. The magazine is able to hold 10 rounds, and it was found with 10 rounds in it.”
She said the prosecution does not hide the fact that Barber could have robbed Stateman and Brown.
“There are two people who say it was (a robbery), and we did not hide or shy away from it from the jump, because it is part of the story, and that is what you all deserve to hear, the whole story,” she said. “We have the burden of proof in this case, and that means we have to show you all everything – the good, the bad and the ugly.”
She added the crux of the jury’s job,is to look at the defendant’s choices — which included firing eight shots as Barber was walking away.
“As soon as (Barber) leaves that car, is when the eight shots ring out. At that time, whatever happened in that car was over,” she said. “What happens after (Barber) leaves the car, is the true issue for you all to decide.”
Parker also focused on what the victim didn’t do, and stated he never shot at either Brown or Stateman, didn’t threaten them as he was leaving, nor did he shoot back at them when he was being shot at.
“The defendant made a choice to not take a loss, but a choice to get the magazine out, and get the gun. To walk to the back of the car and make a choice to shoot where Jermaine had gone and a choice to pursue a person who is walking away,” she said.
“The defendant said it himself, ‘He was not even looking back to see if I was going to retaliate.’”
Defense urges jury to look at the ‘facts,’ says death was not intentional
11:30 a.m. - Defense attorney Wayne Roberts stressed to jurors that the facts of the case didn’t show Barber’s death was intentional. He reiterated repeatedly that the prosecution had to prove beyond a reasonable doubt that his client had the intent to kill Barber.
“This was not intentional,” Roberts said. “He did not intend to kill anyone. ‘I was just trying to give us some time to get away so I shot.’ That is what (Stateman) said. When he was told by Detective Moore that Mr. Barber had passed, he was remorseful and started crying. He was scared. He did have an honest belief that he had a right to protect himself and Miss Madison.”
During interviews, police told Stateman what he did could not be considered self-defense because Barber was walking away from the vehicle and was a significant distance before Stateman shot out.
“They think y’all should presume that everything was OK,” Roberts said. “They haven’t proved everything was OK.”
He recalled events of Stateman and Brown riding around and fleeing the scene because they were fearful that Barber was following them, and they thought he — or someone else — would fire into their car.
“I am not stopping until I see police lights,” Stateman said to the 911 operator who asked them to pull over numerous times.
Roberts said the jury has to look at the evidence and the facts to determine what happened and come up with a verdict.
Those facts, he said, were that Barber came to the mall and got in the car with a loaded .40-caliber pistol; that he pistol whipped Stateman; pointed a gun at their head and made statements including, “Give me everything you have got,” and “I am going to air this b***h out.”
“The facts in this case are not going to change,” Roberts said. “We cannot erase what happened – what we know happened – we know happened that night. Not what we guess, but what we know.”
Prosecutors, defense will give closing remarks Tuesday
10 a.m. - Stateman’s defense counsel, Wayne Roberts, said that testimony and evidence presented by prosecutors was “speculation.” Roberts called one witness, Stateman’s mother, before he rested his case early Tuesday morning.
Roberts told the jury they had a duty to look at the evidence, which he said came straight from Stateman and his former girlfriend Madison Brown.
“You have a duty a to look at the evidence — not speculate, not guess — but look at the evidence,” Roberts said. “ ... The hardcore, concrete evidence comes from Madison and Jessin. Everything else is speculation.”
The prosecution and defense are expected to give their closing remarks on Tuesday afternoon before the jury goes into deliberation.
This story was originally published January 24, 2023 at 10:07 AM.
