Kameron Tunstall, 19, who is charged with murder and felonious assault, is accused of conspiring with a co-defendant, Miquan Hubbard, in the fatal shooting of Jaraius Gilbert Jr., a Wilson Middle School student, on the night of Aug. 29, 2018.
Hubbard pleaded guilty in March to murder with a gun specification. Prosecutors say Hubbard, 19, of Village Street, is the shooter. They also allege Tunstall conspired with Hubbard and that Hubbard pulled the trigger.
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It is not clear if Hubbard will be called to the stand by either the defense or prosecution in Tunstall’s trial. But Tunstall’s defense attorneys indicated Monday they had not been able to talk with Hubbard.
Florida defense attorney Sean Landers of the nationally known Jose Baez Law Firm will be representing Tunstall with local defense attorney Jonathan Fox.
The prosecution plans to introduce evidence that Tunstall and Hubbard were members of a gang and that several individuals in the group of people that was shot at were members of an opposing gang.
Landers told Judge Charles Pater that a police report about Tunstall did not indicate any gang affiliation or tattoos. Assistant Prosecutor Kraig Chadrick outlined a string of evidence, including a jail house call, witnesses and social media that he said implicated Tunstall as a gang member and tied the shooting to the July 2016 shootout at the Former Doubles Bar on Main Street. Pater then ruled the evidence would be permitted.
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During opening statements, Assistant Prosecutor Brad Burress told the jury Hubbard fired 15 shots on Front Street, hitting Gilbert twice, and that gun had been provided to him by Tunstall. Burress said Hubbard, known as “Colby,” and Tunstall, know as “Bally,”were part of gun violence from opposing gangs.
Burress pointed to evidence from a witness who said she picked up the two at Hamilton High School on the afternoon of Aug. 29 before they drove around, smoked marijuana and eventually spotted a group of people on Front Street. This occurred after Snapchat video disrespected a man who died in the Doubles shootout, angering Hubbard, the witness said.
On the night of Aug. 29, Tunstall and Hubbard got out of a car driven by Jordan Schooler and walked to Front Street wearing hooded sweatshirts before Tunstall returned and there were shots. Hubbard returned to the car, they drove away, and they later got rid of the sweatshirts, Burress told the jury.
Landers told the jury during opening statements there would be no evidence that Tunstall was on the street when the shots were fired or that he provided a gun to Hubbard.
A second victim of the August shooting, Datorion Marcus Burns, 19, of Hamilton, suffered multiple gunshot wounds, according to Hamilton police. Burress said Monday in court Burns has been uncooperative.
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