My husband was with his older brother and the brothers friend. When the brother accidentally killed someone and was charged LIFE without the possibility of PAROLE. The friend called the police when he got home and told and even involved a innocent 15 year old boy Edmond Brown 3rd. Edmond was 15 and raised with LOYALTY for his FAMILY and wanted to use his 5th amendment right and remain silent. Never went to trail they offered him a blind plea and The Courts had a CONFESSION yet still gave young Edmond 25 years and he was innocent he’s been in prison 13 years to date please help this loving kind young now adult a chance at life. He’s very talented and would be a great asset to the community. By signing this petition you will be standing against INJUSTICES AND RACISM IN ALABAMA COURT SYSTEMS AS ALABAMA IS STILL A VERY RACIST STATE. We are kindly asking for him to be PARDONED AND RELEASED. To read more about this story

By Brendan Kirby
Joshua James.jpegView full sizeJoshua James: Accused of capital murder in death of Mobile, Alabama, Domino's Pizza deliveryman.
MOBILE, Ala. — Jurors in the capital murder trial of Joshua Tarvarius James today saw his videotaped interview with police, during which he described the shooting death of a Domino's Pizza delivery man.

James, who was a 16-year-old ninth-grader at the time of the March 2009 shooting, told police investigator Donald Pears that he did not mean to shoot Ngoc Dinh Nguyen. He said one of the 3 other men who helped commit the robbery ran into his back as he was pointing the gun.

James told the detective that he closed his eyes and the gun went off.

“It wasn’t a closed eye like closed eye, then shoot,” James said during the interview, which lasted about an hour and a half. “It was like a closed eye like, like everything there was like, like a blank — everything just in your body went, just tightened up and everything.”

Prosecutors contend the shooting was intentional, which would constitute capital murder since it occurred during the robbery. Since the U.S. Supreme Court has banned the execution of criminals younger than 17, the death penalty is not an option in the case.

If the jury convicts James of capital murder, he automatically will receive a life prison sentence without the possibility of parole.

Defense attorney Glenn Davidson said during an interview outside the courtroom today that he does not dispute that his client was involved in a robbery that led to Nguyen’s death. But he said the shooting was not intentional and will urge the jury to convict his client of felony murder, which would offer the defendant a chance for parole.

“These young boys planned a robbery. They did not plan a murder,” Davidson said. “It happened in the blink of an eye. It was not part of any preconceived plan.”

Two others, Marvin Ladominick Davis and Edmond Brown III, are scheduled to go on trial for felony murder in April. The defendants insisted that they did not know the name of the 4th robber.

James told Pears that one of the other assailants ordered 2 plain pizzas and one pepperoni pie and than waited for the delivery man to arrive at 3000 block of Brill Circle, just a few blocks from the Domino’s store. The plan was to steal the pizzas and any money he had, James said.

James said he expected the driver to give up the cash and food right way. Instead, he said during the police interview, the driver started talking “nonsense” and moving closer.

“I don’t, nothing like that, that what happened that night, that wasn’t even supposed to go down like that,” James said. “Well, holding the trigger, I mean holding the gun, whatever, shaking, whatever, the thing just fired and when it fired, everything went down. Everybody just was scared and just ran.”

Pears asked James why he did not call the police or someone else to help Nguyen.

“’Cause I ain’t know he was shot for real,” said James, who added that Nguyen did not fall like he would expect a gunshot victim to. “I thought he was faking it.”

Earlier today, a relative of Nguyen testified about how the family came to America from their native Vietnam. Nguyen arrived when he was 14, according to the testimony.

 

By Katherine Sayre
Joshua James.jpegJoshua James
MOBILE, Alabama -- An 18-year-old man was convicted of capital murder today for shooting to death a Domino's Pizza delivery man who was called to a vacant house in south Mobile.

A jury deliberated for just over an hour in deciding whether Joshua James — who was 16 when the shooting occurred — intended to kill Ngoc Dinh Nguyen, a Vietnamese immigrant who delivered newspapers in the morning and pizzas at night.

The defense had asked the jury to consider the lesser charge of felony murder, arguing that James participated in robbing him but never meant to shoot him.

Because of his age at the time of the crime, James was automatically sentenced to life in prison without the possibility of parole. The U.S. Supreme Court has banned executions of anyone younger than 17.

“I just want to apologize to my family and their family,” James said before being escorted out of the courtroom.

Prosecutors contended the killing was intentional, constituting capital murder because it happened during a robbery.

According to testimony, James took part in a plot among three other young men to lure a delivery man to a vacant house on Brill Circle and steal pizzas and cash.

One of the accomplices, Marvin Davis, testified today that he heard a gunshot, saw James standing over Nguyen with a gun, and heard James say “get the money.”

James and two others later divided a total of $40 in stolen cash, according to testimony.

“What has our society become?” said Mobile County Assistant District Attorney Jo Beth Murphree during closing arguments. “Teenagers with guns are extraordinarily dangerous human beings.”

A fourth man — identified only as “Ryan” — was also allegedly involved in the robbery, although Murphree said he was never fully identified. She said she doesn’t know for sure that he exists.

In a videotaped interview with police, James told investigators that the shooting was an accident.

Davis said Ryan came up with the robbery plan, although the four men never discussed shooting the delivery man.

In a videotaped interview hours after the shooting, James told police it was an accident.

In closing arguments, the defense said the prosecution failed to show evidence that James had the intent that is required to convict someone of capital murder.

The only witness on the scene that night who testified in the trial didnt actually see the shooting occur, the defense said.

"There was really no proof that he pulled the trigger of the gun on purpose," said defense attorney Glenn Davidson.

After the verdict, Nguyens younger brother, Hoang Nguyen, said the family felt some relief by the verdict.

"He was a jokester," Nguyen said of his brother. "He was always a big kid at heart. He will definitely be missed."

Nguyen moved to the United States from Vietnam when he was 14 in 1975.

Davis and another man, Edmond Brown III, have each been charged with felony murder in the case. Under Alabama law, a person can be convicted of felony murder for participating in another crime such as a robbery that leads to a killing.

Brown, who prosecutors said is James' brother, did not testify in the trial. Dominique Jones Author ~ Brother is Edmond Brown who didn’t even stand trail just  unlawfully convicted. This isn’t justice this is racism and unlawful punishment.