03/28/2024
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MckoyMarquail McKoy flipped through a Bible at the defense table, pausing occasionally, perhaps, to read a verse as he waited for the jury to return with their verdict.

A few minutes later, the 17-year-old learned that at least some of his prayers had been answered.

A jury found McKoy not guilty of the more serious charge, attempted first degree murder, Thursday afternoon in Bladen County Superior Court, but guilty of discharging a weapon into an occupied dwelling. He was sentenced to a minimum of 64 months and a maximum of 89 months in state custody by Judge Beecher R. Gray. He faced the possibility of up to 29 years in prison if convicted of both charges.

McKoy showed no emotion as the jury’s verdicts were read by court clerk Leisha Brown. The jury of eight men and four women deliberated about 2 1/2 hours before reaching their decision.

The charges against McKoy stemmed from a shooting on March 4, 2015, outside a home on Kemp Street in Elizabethtown. No one was injured, but the bullet passed through the shirt of Terrence Montgomery and disintegrated as it struck an outside wall of the house, according to testimony. There were several people at the house, including children, at the time.

The state tried to show that McKoy acted with malice, premeditation and intent when he fired at Montgomery as Montgomery was leaving the house with his 2-year-old son following close behind. McKoy and Montgomery had exchanged words on at least two occasions prior to the shooting, according to testimony, including inside the Kemp Street house just a few minutes before the shooting.

McKoy testified that he had gotten a gun from an acquaintance about a week prior to the shooting after he said Montgomery had threatened him.

“He got the gun with the intent to kill Terrence Montgomery,” Assistant District Attorney Glenn Emery told the jury in his final argument. “He was lying in wait for another human being. He was lying in wait so he could shoot Terrence Montgomery. Instead of taking the opportunity to flee, he waited for the man to come out, and (Montgomery) walked out with his 2-year-old son behind him.”

Emery also reviewed how McKoy’s story had changed over time.

In a statement to law enforcement soon after the shooting, McKoy said he had gone to the house, but had left and was walking along the street when he heard shots.

In January, he wrote a letter intended for his mother and hidden in laundry that was found by jailers. The letter was entered into evidence and read, in part, to “Get up with Quanda and them and talk to them about what we talked about. Make sure you rehearse with them too cause they gonna be asked what was what. I was gone before the accident happened and it was a mistake of identity. … Let the others know to stay where they at if they ain’t got nothing good to say.”

On the stand Wednesday, McKoy testified that he did shoot at Montgomery because he felt threatened and said he saw Montgomery pull up his shirt as he left the house and that Montgomery had a gun in his waistband.

Montgomery testified Tuesday that he didn’t have a gun that day and doesn’t own a gun. He said he had been shot in the leg in 2011 and was scared of guns. Montgomery, who is 24, doesn’t have a criminal history, according to court records.

McKoy’s lawyer, Allen Johnson, reminded the jurors in his closing argument that the state had the burden to show that McKoy was guilty beyond a reasonable doubt.

Johnson talked about the “insufficiency of evidence.” Johnson reminded jurors that five officers were at the scene of the shooting on March 4, but the state only put Elizabethtown Police Lt. Dwayne Cheshire on the stand. “Shouldn’t we know what those other officers saw. Shaquanda Woods was a witness. Where was she? It would have been nice to have heard something from her. There were three minors in the house. They can tell you what they saw.

“In my opening arguments (Tuesday), I told you that the state would tell you who, what, where and how,” Johnson told the jurors. “Marquail McKoy put it all on the line (Wednesday on the stand) and told you why.”

Testimony during the trial found that Montgomery and Woods had three children together. The couple “took a break” from each other in late 2014. Woods then had a romantic relationship with McKoy for about three months that apparently ended in January 2015.

About a week before the shooting, McKoy testified that he was walking down MLK Drive and Woods’ car passed and did a U-turn. Montgomery partially stepped out of the car and told McKoy that “I don’t want to see you around here. You better lay low.” McKoy said he felt threatened and borrowed a gun from an acquantance for his protection.

On the afternoon of March 4, 2015, McKoy said he went to Crystal Banks’ house on Kemp Street to get a tattoo from Jason Banks. Jason Banks said that he couldn’t do it at that time. Montgomery, who also was at the house, entered the kitchen where McKoy was. The two exchanged words. McKoy then left out the back door and walked around toward the front of the house. It was about that time that Montgomery walked out the front door.

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