Corry R. “Corleone” Averett, 22, stands accused of shooting Roscoe Desmond Anderson III, 26, in front of Anderson’s home on Marion Avenue on either Nov. 10 or 11, 2004. Anderson was dead at the scene.
On the night of the shooting, the victim’s girlfriend testified Monday that she had gone to Bible study, then picked up Anderson, took him to Birmingham, where he gave a package to someone in the parking lot of Best Buy. She said she then took Anderson back to his home, went to her apartment to take a bath, and then returned to Anderson’s home on Marion Avenue. When she arrived, there was a strange green car in front of the house. Anderson told her to go into the bathroom, and to call 911 if things got out of hand.
The girlfriend said after just a few minutes she heard tussling, followed by gunshots.
By her own testimony, she fled without calling police.
A neighbor across the street testified that he did call 911 after being awakened by what he described as seven shots fired in two groups.
Sylacauga police Detective Mike Smith is the case agent, and testified at length Monday afternoon regarding the chain of custody for the various pieces of physical evidence and the crime scene photographs taken by him and then Detective Jeff Mobbs.
Pieces of physical evidence include a box of .45 caliber ammunition, seven .45 caliber shell casings, two bullet fragments, at least two cell phones (one of them broken) and some clothing. Anderson’s body was sealed and sent to the state forensics lab separately, and the clothes he was wearing at the time were introduced as evidence Monday.
The defense indicated Monday that they will be attempting to create reasonable doubt by attacking the credibility of some of the state’s upcoming witnesses, including two who are currently serving time in federal prison and will be testifying in the hopes of getting reduced sentences, according to defense attorney Victor Kelley. The two prisoners wrote to Sylacauga police in 2011 and 2012.
Kelley also said that a man currently in prison for shooting Smith was Averett’s cousin, which Smith said he did not know.
Kelley also attempted to introduce a memo from another investigator that said five people, including one with the same last name as the defendant, were actually responsible for killing Anderson. District Attorney Steve Giddens argued that the other investigator was available to testify, but the memo consisted entirely of hearsay and was therefore not admissible in the first place.
Testimony is expected to resume today at 8:30 a.m. before Circuit Judge Bo Hollingsworth. If convicted, Averett faces 20 to 99 years or life in prison.
Across the hall, a second jury was selected to hear a civil case regarding a wrongful death through medical malpractice. Circuit Judge Julian King, who was initially scheduled to preside over the Averett case, said the civil case will likely take up the rest of the week.
Contact Chris Norwood at firstname.lastname@example.org.