Evans may take stand in local trial

ALBANY, Ga. -- As the trial against three men accused of being involved in a gang-related shooting at a city pool last year plods along, Monday's proceedings were fraught with contradictory statements and lengthy forensics testimony about a weapon and ammunition recovered from the home of one of the defendants.

Tchywaskie Jones, Dabkowski Luke and Jerry Harris are on trial in connection with a June 16, 2009, shooting at Carver Pool during which Donald Winchester was shot once.

Monday, the state continued with their case and called Winchester to the stand to begin the week of court.

During his testimony, Winchester reportedly went back and forth about what he saw and what he didn't see; at times even contradicting himself, his previous testimony and statements given previously to police.

Following Winchester to the stand was Arsenio Jones.

Jones, according to prosecutors, was walking in the area of Cherry Street not far from Carver Pool just before the shooting.

According to a statement reportedly given to police just after the shooting which was partially read in court Monday, Jones reportedly told police that he and his cousin, Courtney Turner, were walking in the area when three silver-looking cars pulled up near them.

The cars were two Chevy Impalas and one Chrysler 300. The driver of one of the cars, identified in the statement as Brandon Taylor, asked Jones what he knew about the fight that had broken out earlier in the day between a few women at the center.

Jones reportedly told Taylor that it was just between the women and didn't involve any guys and Taylor began to drive off in the direction of the pool. But before he did, Jones said he saw a few black men in the rear of the car loading and cocking pistols, according to the statement.

But in court Monday and under direct examination by Assistant District Attorney Matthew Breedon, Jones denied ever having seen the cars; ever having known Jones, Harris, Luke or Taylor or having seen anyone with guns that day.

Under cross-examination by Defense Attorney Jim Finklestein, Arsenio Jones said that he was close enough to see the parking lot where the shooting occurred from where he and Turner were walking and testified that he had not seen Tchywaskie Jones at Carver Pool that day.

Finklestein also presented Arsenio Jones a handwritten statement that he signed during a court appearance in May during which Finklestein showed Jones his client, Tchywaskie Jones, to which Arsenio Jones said that he didn't recognize him.

Under cross examination by Defense Attorneys Sandra Satchel and Roosevelt Carter, Arsenio Jones also denied ever having known or seen their clients, Luke and Harris respectively.

APD officer Hope Ellis, who was on the Gang Unit at the time of the incident, testified that she had spoken with Arsenio Jones along with Lt. Tony Moore, and that he had told her that he had seen three silver cars, had spoken with Brandon Taylor and that he had seen them loading weapons before he and Turner walked towards a nearby alley.

On cross examination, Ellis testified that Arsenio Jones hadn't been presented with a lineup to identify suspects nor did he mention Luke or Harris.

After reconvening from lunch, the state called APD Investigator Charles Flowers of the Gang Unit who testified that he executed a search warrant at 510 Williard Ave. in the days following the shooting.

During the search of the property -- which was reportedly where Luke and Tchywaskie Jones were staying along with Luke's mother -- Flowers said they found a .22 caliber Beretta pistol in a pair of Nike shoes in the trunk of a Pontiac Bonneville. Also in the trunk were a magazine for the pistol and body armor, he said.

Inside the home, police found .22 caliber long rifle bullets and .9mm pistol ammunition.

During cross examination, Flowers said that he made no attempt to determine the size of the shoes where the gun was found; couldn't say how long the bullets had been in the closet, nor how long the gun had been in the car; that there were no bullets neither in the gun nor the magazine and had no knowledge if anyone had requested that the gun be tested.

The jury was dismissed around 5:40 p.m., but court remained in session long enough for prosecutors to say that Jarnay Evans, a former co-defendant who has pleaded guilty for his alleged part in the incident, has decided to testify against Tchywaskie Jones, Dabkowski Luke and Harris today.

Evans is apparently willing to testify without a deal from prosecutors, although they did say that he could file a motion for reconsideration during the sentencing process.

Trial will resume today at 8:29 a.m.