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Archive for Tuesday, April 19, 2011

Defense questions eyewitness’s credibility in 2010 South Pointe Apartments shooting trial

April 19, 2011

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A defense attorney questioned the credibility of an alleged eyewitness during the second day of an attempted second-degree murder trial of Dustin D. Walker.

Kindra Toshavik testified Tuesday and identified Walker, 26, as the man who shot Darrick Dew, 23, during a crowded party Dec. 5, 2010, at a south Lawrence apartment complex.

But during cross-examination, defense attorney John Kerns said Toshavik’s testimony and statement’s to police had varied from identifying Walker as the shooter to simply saying Walker was in the area of where Dew was shot at the South Pointe Apartments, 2310 W. 26th St.

Douglas County prosecutors have told jurors that several eyewitnesses can tie Walker to the shooting. Dew is recovering from his injuries, and he was rushed to the hospital by a relative that night.

Prosecutors are asking jurors to convict Walker of attempted second-degree murder and being a felon in possession of a firearm due to a 2008 aggravated battery conviction for a domestic violence incident. The trial will continue Wednesday.

Walker also faces a trial later this year on a reckless aggravated battery charge for an unrelated shooting in 2008 in the 2500 block of Redbud Lane.

Comments

Reta Cosby 3 years, 8 months ago

At the speed of a speedy trial, the defendent has been socially tried and convicted. So witnesses are recounting in criminal court what's been decided in social court.

somebodynew 3 years, 8 months ago

Yeah, I bet the witnesses weren't even there. And I bet it will be the same in his NEXT upcoming trial for another shooting. D*mn that Facebook and social court stuff.

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