Defendants in little Sherdavia Jenkins' death could face trial together
Posted By Brett Schwartz on Aug 27, 2009 11:19am PDT
Damon Darling, 24, and Leroy Larose, 31, are each charged with second degree murder in the July 2006 killing of Sherdavia Jenkins, a case that caused widespread outrage as a result of the young age of the victim and amount of gun violence that occurs in that particular area. The State Attorneys Office, through a written motion has requested that the court allow both defendants to be tried together, however each with a separate set of 6 jurors. The State’s reasoning is to prevent the victim’s family from “reliving the personal tragedy twice.” She also argues that it is in the best interest of judicial efficiency since she says the evidence for both defendants is “virtually identical.” However, the defense strongly opposes such a motion on the grounds that a jury will presume “guilt by association” should the two be sitting together. Both defendants are claiming self defense. When this motion is heard, the judge will have to weigh the defendant’s right to his day in court and determine whether each would be prejudiced by trying both defendants together versus the pain the family will have to endure by making them testify in two separate trials.