A jury has returned not guilty verdicts for a man charged with attempted murder and burglary in the first degree.
Myron Jermaine Flowers, 23, was charged with the crimes Dec. 17, 2012, after his cell phone was found outside the scene of a burglary and shooting on the 500 block of Gibbs Street.
A Troy University student returned home with his cousin, Andrew Marvin, Dec. 11 and interrupted the burglary in progress. Marvin and the student got into a physical altercation with the two masked intruders.
One of the intruders shot Marvin in the leg and mouth before both fled the scene on foot. Marvin and his cousin testified in the case.
Assistant District Attorney Chris Kaminski had to prove, without a reasonable doubt, that Flowers was guilty of attempted murder and burglary.
“Ladies and gentlemen, you’ve got it on a silver platter,” said Kaminski in his closing argument Monday afternoon. “Everything ties Mr. Flowers back to there (the crime scene).”
Once closing arguments were made, Judge Jeff Kelley instructed jurors. He defined the charges. He said to consider Flowers for attempted murder, the jury had to determine Flower’s guilt or innocence in two lesser charges of assault in first degree and assault in second degree.
Each assault charge was defined as acting with the intent to cause personal injury. Assault in the first degree was the intent to cause “serious” personal injury. Kelley said intent could be inferred by the use of a deadly weapon.
Kaminski said two weapons were involved in the case. Marvin was shot with a 9mm firearm that was never recovered. The Troy Police Department did recover a .22 caliber firearm that had been stolen from a home in Brundidge.
“We found DNA that matched the co-defendant on the magazine of the gun,” Kaminski said.
Kelley also explained intent, and reasonable doubt to the jury.
“A reasonable doubt, which appeals to your reasoning, does not mean beyond all doubt,” he said.
Defense attorney Virginia Green argued that no physical evidence was found in the apartment that would link her client to the crime.
Flowers did not testify. When asked after Monday’s hearing if he regretted not taking the stand, he said he did not.
“I feel like my lawyer did a pretty good job,” he said.
Having never made the total $110,000 bond, Flowers spent more than a year in jail.
A second suspect in the case, Calvin Eummanuel Wheeler, of Brundidge, was arrested last March.
Flowers’ family was in court during the hearing. His mother, Beverly Foster, had one question for Kaminski: “Where is Calvin Wheeler?”
Wheeler will appear before a different judge and be prosecuted by a different assistant district attorney.
“His case is still pending,” said Kaminski.