Friday, April 25, 2003
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Friday, April 25, 2003 |
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Twin gets life in prison for murdering innocent motorist while fleeing police By JOHN THOMPSON
Marvin Edwin Mitchell admitted in a videotaped interview that he and his twin brother, Melvin, robbed the Fayetteville Ingles grocery store just before it closed Easter Sunday last year. Police testified that the Mitchells' vehicle was being pursued by several marked law enforcement vehicles with their lights and sirens activated just before the collision that claimed the life of an innocent motorist. The evidence was enough for a jury to convict Marvin Mitchell Wednesday afternoon for the death of Union City veterinarian Jason A. Trotman, even though Mitchell, 23, of Jonesboro, may not have been driving the vehicle. Mitchell was also convicted of other charges relating to the Ingles holdup. Mitchell was found guilty of murder, armed robbery, possession of a firearm during the commission of a crime and two counts each of kidnapping and false imprisonment. Superior Court Judge Tommy Hankinson sentenced Mitchell to life in prison plus 25 years. Prosecutors had asked for the maximum punishment, which would have been life plus 65 years. Jury selection in the murder case against Melvin Mitchell began Thursday morning. In addition to the murder, armed robbery and kidnapping counts, Melvin Mitchell also faces several traffic-related charges stemming from the pursuit. Marvin Mitchell's attorney, Lloyd Walker, urged the jury not to consider the videotaped confession because it violated his client's right not to incriminate himself. But assistant district attorney Dan Hiatt argued that Mitchell signed a form waiving those rights and Mitchell voluntarily agreed to speak with police investigating the case. Although Mitchell did not intend to kill Trotman, he was charged with murder because Georgia law allows that to happen when someone is killed while another person is committing a felony, Hiatt told the jury in his closing argument. "The killing took place because of this defendant's unlawful flight to avoid prosecution for these offenses," Hiatt said. Trotman was waiting for the light to turn green when his vehicle was struck on the driver's side by the Mitchells' vehicle, Hiatt added. Walker countered that the wreck wouldn't have occurred if police hadn't chased the Mitchells from the scene of the crime. "No policeman drove that car," Hiatt said. "No policeman made it go 80 miles per hour. And no policeman made it drive into this man's Nissan Pathfinder." On the tape, Mitchell breaks down in tears immediately after he is informed that the driver of the other vehicle in the collision who had not been identified at the time had died. Mitchell told police he and his brother wanted the cash to pay bills and that he never intended to hurt anybody. "I needed some money," Mitchell told police on the video. Walker said the tape should not be considered as evidence since it was taken about four hours after the collision and his client was not in the right frame of mind to waive his right not to incriminate himself. "He was not really coherent and was incapable of giving a voluntary statement," Walker said. Several Ingles employees testified during the trial that two masked men entered the store with guns and ordered them to lay down on the ground. One employee said one of the masked men leapt over a counter into an office area and demanded money. Police testified that over $6,000 from the heist was found in the Mitchells' vehicle after they ditched it. Police also found the two masks and two handguns allegedly used in the heist. Walker argued in closing arguments that the state had failed to prove its case.
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