In what family members called a “horrific” armed robbery, five people broke into a Lowndes County house and beat a 70-year-old man with a baseball bat July 18, 2005.
The late Billy Franks, who lived in the 800 block of New Hope Road with his wife, Sherry, was able to chase the robbers from the house after his wife tossed him a .38-caliber handgun he kept under his pillow.
The robbers took items and caused damaged to the home worth a combined $1,100. Franks suffered a broken arm.
Five people were charged with the aggravated assault and armed robbery, but 24-year-old Tomarcus Monte “Tooty” Fulks is claiming in his Lowndes County Circuit Court retrial this week that he was just along for the ride, didn”t even get out of the car and had no previous knowledge of the crime.
His previous conviction was thrown out because of filing errors, according to District Attorney Forrest Allgood”s office.
Allgood argued Wednesday that even if Fulks had stayed in the car, he was still complicit — a charge defense attorneys denied.
But the trial was muddied Wednesday evening, when defense attorney Chokwe Lumumba, of the Lumumba and Freelon law firm in Jackson, claimed Kitchens had displayed irritation and bias against the defense throughout the trial.
“His rulings have been totally lopsided,” Lumumba said, adding that he doesn”t respect judges who show such bias.
Lumumba made a motion to declare a mistrial and to have the charges against his client dropped Wednesday evening. Kitchens denied both motions, sending the trial into its third day today.
Kitchens declined to comment on the record about Lumumba”s comments.
Allgood denied that Kitchens had shown bias against the defense, and criticizing Lumumba”s own conduct during the trial.
“What happens, when you act in an outrageous fashion all the time … it can make things look unfair,” he said.
Allgood brought a series of witnesses up Tuesday and Wednesday, and Lumumba brought up one witness, Faulks” ex-girlfriend.
Today, Lumumba planned to call Lowndes County Deputy Clint Sims to the stand before both sides give their closing arguments.
Allegra Young, Katherine Williams, Leah Lafayette and Joshua Glenn are the other defendants.
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