Friday, March 21, 2003
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Friday, March 21, 2003 |
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PTC college students found guilty of damaging two mailboxes in Planterra By JOHN MUNFORD
Two Peachtree City college students have been convicted of damaging two mailboxes in a late-night incident at the Planterra Ridge subdivision in September. David G. Mitchell and Justin T. Belill, both 22, were found guilty of two counts of criminal trespassing by a Fayette County State Court jury. They were acquitted on the other nine counts of criminal trespassing which alleged they damaged nine other mailboxes on the same night. State Court Judge Fletcher Sams delayed sentencing in the case until next week. Two witnesses testified that they saw a white truck strike one of the mailboxes before it pulled into a driveway at a cul-de-sac in the subdivision. Neither witness could positively identify who was in the truck. Police later determined that Belill and Mitchell were the two occupants of the vehicle, said State Court Solicitor Steve Harris. Belill testified and denied damaging any of the mailboxes. Mitchell testified that he was passed out after drinking heavily that night and couldn't remember what occurred. One of the witnesses, David Werner, said he and his sister Claire had just come home from a concert in Atlanta when they heard a loud "celebratory" noise that alerted them to a white truck driving down the street. They looked up and saw someone in the passenger side of the truck strike a mailbox with a foreign object, the Werners testified. David Werner said he didn't pay attention to who was driving the vehicle because he was more focused on trying to get the truck's tag number. He said he thought the driver was lost because the truck turned onto a street that ended with a cul-de-sac. Werner said he was surprised when the truck entered the driveway and never returned to the street. Werner said he couldn't get the truck's tag number because he slipped and fell on the lawn while running to the street and dialing 911 on his cell phone at the same time. Mitchell and Belill were represented by attorney Scott Ballard, who tried to convince the jury that David Werner couldn't have seen where the truck was parked in the Belill's driveway since that location could not be viewed from the street. Ballard also pointed out that on the 911 tape played in court, David Werner said the occupants of the truck damaged two mailboxes. Werner testified Monday that he saw only one of the mailboxes damaged by someone in the truck. David Werner admitted that he may have "assumed" the second mailbox was damaged by someone from the truck after he heard a banging sound moments before he saw the original mailbox damaged. "A brown wooden object came out of the window in someone's hand," David Werner said as he described how one of the mailboxes was damaged. When first questioned by police, Belill indicated he was alone that evening and had been home an hour and a half before police came to his door, Harris said. Belill later admitted that he had driven Mitchell home after they went to two local bars, Harris said. Ballard said Belill was trying to protect his friend from being hassled because Mitchell was very upset that evening.
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