WATERLOO — Attorneys for a teen convicted of murder earlier this year want to subpoena a juror who decided his case.
Attorneys for Doncorrion Spates alleged that two jurors made racist comments during deliberations, and this prevented a fair consideration of the case.
Spates, 17, was charged in the 2016 drive-by shooting that killed 21-year-old Otavious Brown. Trial was in February 2018, and jurors found Spates guilty of first-degree murder, attempted murder and intimidation with a weapon.
Spates, who faces a life prison sentence, hasn’t been sentenced.
Defense attorney John Bishop, who represented Spates at trial, said in court records he has spoken with one of the jurors, and that juror indicated two other jurors had made comments the juror deemed racist.
Details of the comments haven’t been disclosed.
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Bishop said if jurors rely on racial bias to decide a case, the defendant didn’t get a fair trial. He is asking the court approve subpoenaing the juror to testify in support of a motion for a new trial.
Joining the argument was attorney Robert Montgomery, who wasn’t involved in the trial but is seeking to represent Spates on the request for a new trial.
A hearing on the subpoena request will be at a later date.
Prosecutors allege Spates, Armand Rollins and Shavondes Martin were passengers in a sport utility vehicle that drove by a Logan Avenue home, and shots were fired from the vehicle, killing Brown and injuring Dewon Campbell Jr. and Aundrey Roberts Jr.
During trial, jurors acquitted Rollins and Martin. The driver, Jacques Dominique Williamson, pleaded to a lesser charge.