published Tuesday, March 18th, 2008

Men charged with first-degree murder pleas to lesser charges


by Jacqueline Koch
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Neal Pinkston

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Robin Flores

James Coleman called his actions stupid and apologized to the family of homicide victim Walter Frazier before pleading guilty to second-degree murder Monday in Hamilton County Criminal Court.

“I did not intentionally try to kill that man,” Mr. Coleman, 42, said before Judge Don Poole sentenced him to 25 years in prison, which he will serve after completing a parole violation sentence in New York.

Mr. Coleman and Reggie Stokes had been charged with first-degree murder, felony murder and especially aggravated robbery in connection with the death of Mr. Frazier, 81, who was shot in the leg at a gas station Dec. 16, 2005, and died at a hospital a few days later.

Executive Assistant District Attorney Neal Pinkston told the court that if the case went to trial, evidence would show that on Dec. 16, 2005, Mr. Stokes drove Mr. Frazier from Alabama and the two stopped at the 7018 Shallowford Road Citgo.

While Mr. Stokes went inside, Mr. Coleman, who had been with Mr. Stokes earlier in the trip, learned the pair’s location and attempted to rob Mr. Frazier. During the ensuing struggle, Mr. Coleman fired one shot into Mr. Frazier’s left leg.

Mr. Coleman then left the scene and went to an area hotel where he exchanged phone calls with Mr. Stokes, phone records show. Evidence also shows that shell casings found at the scene matched a gun found with Mr. Coleman, Mr. Pinkston said, and that Tennessee Bureau of Investigation agents would testify they found gunshot residue on his clothes.

On Monday, Mr. Stokes, 34, entered an Alford plea for facilitation to commit second-degree murder. Under an Alford plea, a defendant does not admit the act, but admits enough evidence exists for the prosecution to convince a judge or jury of the defendant’s guilt.

“Even if we went to trial, there was a strong likelihood that the jury would have convicted him ... of this very charge,” said Mr. Stokes’ defense attorney Robin Flores.

With credit for time already served, Mr. Stokes could serve about a year and a half of his 12-year sentence if paroled, Mr. Flores said.

Mr. Pinkston said he contacted Mr. Frazier’s wife in North Carolina and had informed her of the proceedings.

“Reviewing the facts and in talking with the family members, and I think objective review of the facts revealed that the charges that they pled to be the most appropriate for the resolution of the case,” he said.

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