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Vulgar texts mark day two of trial

Vulgar text messages dominated the first portion of the murder trial of Lakieivius Eleby Thursday morning in Lamar superior court. *************** ©The Herald Gazette/ This information may not be reprinted, broadcast or distributed electronically in any form or fashion without express consent. For reprint permission, e-mail *************** The messages were between Shameik Spinks and Eleby; Spinks and Marquevas Smith; Spinks and Bryce Smith; Eleby and Bryce Smith and Spinks and Jontravis Walker. They were outlined by GBI agent Cayce Ingalls. Those messaging repeatedly refer to each other as “nigga”. Their messages are rife with vulgarities that had several jurors staring in wonder. The pump shotgun, .22 caliber pistol used in the crime and ammunition for both are repeatedly discussed. At one point, Spinks ordered Marquevas Smith to put the weapons under the back porch of Bonnie Banks. The day before the fatal shooting, Spinks and Eleby texted about the ‘Ashley lick’ indicating Spinks is planning a robbery on Ashley Court here or of someone named Ashley but the “college boys” turn out to be a more inviting target. At 1:40 a.m. the morning of the murder Spinks texted Marquevas Smith: “Was gonna hit the appt lick but the college niggas down there with some hoes.” Earlier, Spinks told Eleby he had a .22 revolver and shells for both it and the shotgun then he described a confrontation under the Aldora Street bridge with the “college boys”. An approximation of that text exchange follows: Spinks: Those niggas just pulled up on me. I start poppin and they got scared. They bitches. You wanna kill these niggas? Eleby: Where u waz? Spinks: Bout to turn on Brown Street. They got scared. Eleby: How many Spinks: 4 or 3. I think 4. Eleby: They ain’t s–t. Spinks: Me and (Marquevas Smith) oughta go handle them niggas since you ain’t. Eleby: How you know that nigga? At 10:30 a.m., a break was taken. Defense attorney Pam Bettis was cross-examining Ingalls. When proceedings resumed, Bettis pounded on Ingalls that Eleby repeatedly asked for gunshot residue testing but was not given it. She indicated Walker and Marquevas Smith should have been charged. They later were charged for having the Glock that belonged to victim Danavan Bussey in their possession. Bettis introduced mugshots she says show Eleby and Williams look alike. Bettis also gets into a third statement Eleby gave to law enforcement that the prosecution did not introduce. In it, Eleby admits to being a drug dealer and Ingalls said marijuana packaged for sale was found in his home when a search warrant was issued after the murder. Ingalls testified Bussey was selling five to six ounces of marijuana a week. She asked Eleby in the third interview if the college boys were cutting into his dope business. He responded, “I don’t f–k with nothing but white folks.” Proceedings broke for lunch at noon and resumed at 1:15 p.m. After lunch, testimony was the Glock was found at the home of Reuben Jenkins in a bag belonging to Wilbur Brown. Brown said he was keeping the gun for Edmund Harris. 8th prosecution witness, Dr.Jonathan Eisenstat, GBI medical examiner who performed the Bussey autopsy. Eisentstat was shown a gruesome photo of Bussey’s neck wound with the wadding still in the wound. Several of Bussey’s family members averted thier eyes from the courtroom projection screen. Eisentstat said shotgun pellets hit Bussey’s carotid artery, jugular vein and airway and that he died slowly. 9th prosecution witness, Jennifer Murphy, GBI ballistics expert. Murphy tested the shotgun and determined the shell casing found near Bussey’s body came from the shotgun entered as evidence. She said the .22 bullet from Bussey’s leg came from a revolver or derringer and could be matched to a weapon if the weapon is located. 10th prosecution witness, Lt. Al Moltrum BPD investigator. Moltrum testifed to the recovery of Bussey’s Glock from the Jenkins home. He discussed his first interview with Bussey’s roommate Tyrone Holmes and said Holmes was not too intoxicated to speak to him. He said no photo lineups of suspects were used because the victims seemed to know the attackers. He said Holmes spoke of ‘Kevian and Kevian’s cousin” and he showed him a picture of Eleby to clarify whom they were speaking of. At one point, Holmes said the second intruder had two guns. Bettis showed a video of an interview in January, 2011 of Jamorris Williams and speculated a third or fourth shot fired in the incident could have hit him in the leg because he was limping and his leg was bandaged. 11th prosecution witness GBI agent Rhiannon Morgan who testified she interviewed Bryce Smith several times and his story kept changing as to where he was during the robbery/murder. She also noted a Marcus Gay who was in the house had had 12 shots of vodka and was in a closet with a girl named Ashley Murchison. 12th prosecution witness Diamond Rhodes, a Gordon student, testifed she was at the home at the time of the robbery and her purse was stolen. It has never been recovered. She said she was asleep on the sofa and woke up just before the shotgun went off. She tried to flee but was stopped at the door by a third gunman whom she recognized as Bryce Smith. 13th prosecution witness, Keitrae Battle broke down on the stand. She hid in a bathtub during the robbery/murder then fled to the street where a man told her to duck behind a trash can. She watched the intruders leave the home and there were three of them. 14th prosecution witness, Dewayne Johnsonwas Bussey’s roommate. He pointed out Eleby as being in the robbing crew and that Eleby and Dan had fought previously. He testified Eleby had Tyrone Johnson over a card table with a gun to his head when Spinks shot Bussey. He said he was forced to open drawers as the robbers looked for valuables and handed them Rhode’s purse. He said he laid on the floor beside Bussey as he bled to death. Court adjourned at 4:45 until 9 a.m. Friday. Proceedings will be suspended at 3:30 p.m. Friday for the 4 p.m. funeral of Joe Medcalf and resume Monday morning.

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