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Home > Blogs > Dayton Courts: Legal and crime news > Archives > 2009 > October > 30 > Entry
Gang member convicted of all charges in slaying at cookout
DAYTON — Theron Lewis, accused of gunning down a man at a memorial cookout for a slain gang member, was convicted Friday, Oct. 30 of all counts, including two counts of murder.
Montgomery County Common Pleas Judge Frances E. McGee did not set a sentencing date, but ordered a pre-sentencing investigation. She said that there is a scheduling conference Tuesday to discuss Lewis’ other felony case, in which he allegedly shot at mourners leaving a May 11 funeral.
The case went to the jury at 1:25 p.m. Thursday. The jury broke off deliberations about 6:44 p.m., then started up about 9 a.m. Friday. The verdict was reached about 1:15 p.m. Friday.
Lewis, 24, also known as “T. Streets,” has been identified by police as a member of the Dayton View Hustlers. He was charged with two counts of murder, two counts of felonious assault and being a felon in possession of a weapon. Some of those charges, including the murder and felonious assault counts, could merge for sentencing purposes.
All of the charges deal with the April 25 death of Isaac Gibson. Though police said earlier this year that Gibson was the member of a different gang, police and prosecutors now say that they don’t believe that Gibson was ever involved in gang activity.
The trial started Monday, resumed Wednesday, then finished testimony on Thursday morning. The defense rested without presenting any witnesses.
“He killed another human being,” assistant Montgomery County prosecutor Michael Brush told the jury Thursday. “You’ve heard no evidence to the contrary.”
But defense attorney Scott Calaway pointed to a different person, arguing that another man, Keith Watson, shot Gibson. Watson, who is awaiting charges related to the incident, but is not charged with shooting Gibson, will go on trial March 1.
Gibson, 25, was shot at a cookout that followed funeral services for Thomas “Tom-Tom” Watson, who was killed April 16. Brush said several men started fighting at the cookout, which was at 1807 Riverview Drive. At one point, Keith Watson, who is Thomas Watson’s cousin, pulled out a gun and fired a shot into the ground, Brush said.
Gibson’s father and brother got Gibson to leave the area after he fought with Watson and took him to his car, which was parked in the alley behind 1807 Riverview. But before he could leave, several people jumped him. During the fight, Lewis shot Gibson in the abdomen, Brush said.
Calaway said that the three witnesses who testified they saw the incident were all relatives of Gibson, including his father and his brother. He also said that Keith Watson was a family member as well.
“There’s only one person in the picture who’s not family: Theron Lewis,” Calaway said. “It’s a cover up for Keith. That’s why we’re here.”
Calaway said that the family members originally told police they didn’t know who did the shooting, though assistant county prosecutor David Franceschelli said those family members first thought of avenging Gibson’s death themselves before deciding to trust the criminal justice system.
Franceschelli ridiculed Calaway’s assertion that Gibson’s family was protecting the real shooter. He said that it was not clear if Keith Watson was related to Gibson’s family, but if so, it was a distant relationship.
“Keith Watson is the defendant’s friend, not the family’s friend,” Franceschelli said. “They have no more love for Watson than they do for Lewis.”
Franceschelli said that he took offense to Calaway stating that those family members fled the scene. He said those witnesses were seen there by police after the shooting, particularly Anthony Snowden Sr., Gibson’s father, who tearfully testified Wednesday that he held his son as he lay dying.
“He was there, holding his son in his arms,” Franceschelli said while pointing to Snowden, who was sitting in the spectators’ section.
He also said that the three witnesses gave statements to police that accurately described what types of weapons Lewis and Watson each held during the incident. The bullet taken from Gibson’s body matched the caliber of Lewis’ gun, not Watson’s, Franceschelli said.
Thomas Watson, 25, was known as a leader of the Dayton View Hustlers, a gang rooted in the Dayton View neighborhood between Salem Avenue and James H. McGee Boulevard. He was shot in the face while playing on a basketball court at College Hill Park. Chamare Mays is awaiting trial in that case.
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