THE VIRGINIAN-PILOT
Copyright (c) 1997, Landmark Communications, Inc.
DATE: Thursday, January 23, 1997 TAG: 9701230356
SECTION: LOCAL PAGE: B7 EDITION: FINAL
SOURCE: BY LARRY W. BROWN, STAFF WRITER
DATELINE: NORFOLK LENGTH: 76 lines
A Circuit Court judge found Jermaine Bell guilty Wednesday of first-degree murder of 3-year-old Taylor Ricks, declaring that Bell had a major role in the events that led to her death even though he didn't fire the fatal shot.
Bell, 18, could face a maximum of life in prison when he is sentenced in March. He also was convicted on attempted murder and two firearms charges. He faces a maximum 18 years on those charges.
The convictions ended a two-day bench trial before Judge Junius P. Fulton III. Bell was one of three defendants accused of killing Taylor, who was struck in the head by a stray bullet from a neighborhood crossfire on April 1, 1996.
Taylor was in an upstairs bedroom in the 100 block of Hough Ave. when she heard what she thought was fireworks. She was hit by a single bullet from a semi-automatic rifle when she peered out the window and later died at a hospital.
Prosecutors argued that Bell was not the triggerman but that his participation in the shootout meant that he was as guilty as his two co-defendants. Testimony indicated Bell was the driver during at least part of the crime.
The judge ruled about 1 p.m., just seconds after prosecutor Chuck Griffith made his final arguments.
Evidence showed that Cecil Manley was the target of an attempted murder, Fulton said while stating his verdict.
``For that, you are just as responsible'' as the co-defendants, Fulton said.
Bell, a tall man with a low voice, began to shift his feet and sway after Fulton made his ruling. He moved slowly, head hanging, as deputies returned him to a holding cell. He briefly scuffled with one deputy before they left the courtroom.
Taylor's mother, Crystal Ricks, raised her arms in a brief victory pose and then bowed down her head.
``I'm feeling kind of happy right now and I want to hang on to this for as long as I can,'' she said.
``God was on my side and my daughter's side,'' she said, tears streaming. ``I never lost faith in God.''
She now must sit through the murder trials of Bell's co-defendants, Ronald Cooke and Darrell Smith.
Griffith argued that evidence clearly showed that Cooke fired the shot that killed Taylor. The feud, however, began with Smith, who had a beef with the intended victim, Manley.
According to testimony, the men went gunning for Manley in Berkley last spring. Manley and Smith, who both have children by the same woman, have a history of hostility toward each other, testimony showed.
The shooting began with Manley running for his life while the gunmen chased him on foot. At some point, at least two suspects got into a car, while a man whose description matched Cooke's began to fire a rifle from the car's passenger side.
It was at that point that the bullet from the rifle may have pierced the second-floor window where Taylor was watching, evidence showed.
In his statement to police, Bell admitted firing a weapon and driving the vehicle containing the men that day.
No defense witnesses or evidence were presented, and Bell did not testify. William Swan, Bell's attorney, argued that prosecutors failed to show attempted murder. At most, Bell should face involuntary manslaughter, he said.
He called Taylor's slaying ``an accidental death in the course of an unlawful act. . . ''
But Griffith said that because all the men were acting in concert, all are responsible and all should be convicted of murder.
``They had complete and utter disregard for human life,'' he said during closing arguments. ``Were it nor for (Bell) driving them over there, maybe this wouldn't have happened.''
The case against Bell involved what Griffith called ``transferred intent.'' In other words, if the men set out to kill one person, missed and inadvertently killed another, the murder charges still stand.
Though pleased with the conviction, Griffith said it is hard to be elated with the outcome. ``A little girl is still dead,'' he said.
KEYWORDS: SHOOTING MURDER TRIAL VERDICT