A 21-year-old man was found guilty of aggravated assault and armed robbery Wednesday in the 2006 shotgun-shooting of a then-83-year-old man near the Lee Home.
Edward Lamont Neal, then 17, of 518 Apple St. N., used his cell phone several times to call Samuel Hillary Livingston, now 87, and set up a meeting Dec. 8, 2006, to discuss renting one of the victim”s properties.
After Neal failed to show up at the meeting behind the Columbus-Lowndes Public Library, Livingston was driving away in his white Chevrolet truck when Neal tapped on his window, entered the truck, pointed a black automatic handgun at the victim and told him to drive.
Livingston, who already had his hand near the door handle, jumped from the car and ran across the street while pulling out his own handgun.
When Neal exited the in-gear vehicle, which had rolled across the street, Livingston had his gun up and told Neal to not take another step.
Neal left the scene in a car that pulled up on the street between them.
Livingston, a retired civil engineer who worked at the Columbus Air Force Base, got back in his truck and was driving down Seventh Street North when the car cut around him, blocking his way.
Then, either Neal or one of his accomplices fired two shotgun blasts toward Livingston, hitting him once in each leg and breaking both, said Assistant District Attorney Mark Jackson in closing arguments.
“It was an armed robbery that went terribly wrong,” said District Attorney Forrest Allgood, who also spoke during closing arguments. “It was an armed robbery that came dangerously close to capital murder.”
Livingston had 27 pellets taken from his right left from his hip to his ankle, and another 20 pellets taken from his left leg above the ankle.
“Evil wears many faces,” Allgood continued. “And sometimes it even wears the face of what looks like a young man from down the street.”
Neal”s attorney, Stephanie Mallette, argued that there was no proof her client had commissioned the assault or that robbery was his motive.
“There are some glaring deficiencies here,” she told jurors, questioning Livingston”s memory.
After the jury returned its verdict after deliberating an hour and 20 minutes, 16th District Circuit Judge James Kitchens said Livingston was lucky to be alive.
“I believe Mr. Neal and his friends went back to kill Mr. Livingston,” he added.
Kitchens gave Neal, who has a life expectancy of 50 years, consecutive sentences: 40 years in the Mississippi Department of Corrections for the aggravated assault charge and 20 years in MDOC for the armed robbery charge.
He was also given “habitual offender” status by Kitchens, who said Neal had a “pretty long history in breaking the law.”
Neal has already been convicted on three felony charges, of malicious mischief in August 2006, of escape from custody in November 2007, and of burglary in August 2009.
For the 2009 conviction, Neal received 25 years in MDOC to run consecutive to any other sentences.
He also had a long juvenile record, committing several felonies during that time.
Altogether, Neal has at least 85 years to serve before he”s eligible for parole or probation.
Livingston said he was glad he could be present to see justice served.
“Our laws and law enforcement and court system did a good job,” he said.
Allgood, after the trial, said the outcome ensured the safety of the victim and locked away a known menace.
“What I was hoping for was to make Mr. Livingston feel secure,” Allgood said. “Of course, I”m all about making sure Mr. Neal doesn”t commit any more crimes — that”s huge.”
Neal”s mother, Beatrice Hodo, was present during the trial, which she called a “wrong.”
“They”re wrong for what they do,” she said of jurors” decisions. “They”re putting everything on (my son). They”re wrong for that.”
“But,” she continued, “I”ve stood behind my child and I”m going to continued to stand behind him.”
Mallette declined to comment on the verdict except to say that Neal would appeal the decision.
One of Neal”s alleged accomplices, Paul Hargrove Jr., is also scheduled to appear before Kitchen this term on charges of armed robbery, aggravated assault and receiving stolen property.
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