Gang member's testimony marks culture change, Fletcher says

O'Shae Smith
O'Shae Smith
photo O'Shae Smith

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When Kendre Allen testified in Hamilton County General Sessions Court on Thursday, his voice was soft.

Allen, 18, described being shot in the hip in East Lake Courts in late March. He did not describe seeing the person who shot him.

"We grew up together in the same neighborhood," Allen said.

But Allen's testimony wasn't routine. His presence in the courtroom represents an anomaly, but it's one police hope to hold up as an example.

"When I got here a year ago, a guy like him wouldn't have shown up," said Chattanooga Police Department Chief Fred Fletcher, who sat through the hearing Thursday along with city Public Safety Coordinator Paul Smith.

Fletcher says the "no-snitch" culture long seen as a stumbling block for gang violence prosecution is dissolving.

Allen is a validated member of the Rollin 40s Crips, and O'Shae Smith is a validated member of the rival Gangster Disciples. Police say the March 26 shooting was part of an ongoing war between the two gangs, and that Smith was at the center of the violence.

The shootings stopped when Smith was arrested, but police fear he could be in danger if he's released, and worry that the violence could escalate once again. All through the hearing, Fletcher lingered a few feet from Judge Lila Statom's bench, and Smith occupied a back row with several officers.

Statom bound Smith's charges over to a grand jury and ordered him held without bond, an unusual move she said she made because Smith was an ongoing threat to the community.

Fletcher says Allen's willingness to testify is an example of change, but prosecutors say change comes only slowly.

"Oftentimes when cases are based mostly on eyewitness identification or eyewitness testimony, it can be a struggle for citizens to come forward to talk to the police about what they've seen, or even more difficult for them to come to court to say what they've seen," District Attorney General Neal Pinkston said.

A victim's or witness' willingness to testify could depend as much on the day of the week or the mood of the person as any desire to effect cultural change, Pinkston said.

"I have not observed a trend one way or another," Pinkston said.

Allen testified that he heard more than a half-dozen gunshots and was wounded by the third or fourth round. An informant later gave Smith's name to police, and an officer who tracked Smith down said he found a partially loaded gun in the car in which Smith was riding.

A Chattanooga police investigator also offered clues about Smith's possible motive. Smith told the detective "[expletive] them, this is my 'hood."

Statom bound over charges of attempted murder, aggravated assault, reckless endangerment and possession of a firearm in the commission of a felony to a grand jury. She said there was probable cause to support the state's assertion that Smith went to East Lake Courts to kill Allen.

"Not only do I believe that you went there prepared, you had chambered one [round], so you were ready to carry that out in a very prepared manner," Statom said.

She offered sterner words for Smith, too.

"East Lake Courts is not your 'hood,'" she said. "It is the citizens of the United States who own that, because they work and they pay taxes. You don't own that."

Statom said her grandmother used to live in the housing project, where Statom used to walk around at night and feel safe.

"People like you have made it a violent, unsafe place to live," Statom said.

Smith tried to respond.

"I don't think you want to say a word to me, Mr. Smith," Statom said.

Contact staff writer Claire Wiseman at cwiseman@timesfreepress.com. Follow her on Twitter @clairelwiseman.

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