Murder charge in question on brothers' case.
By: WROC-TV
Updated: July 19, 2007
Two brothers accused of killing a Gates teen want a judge to dismiss one of the murder charges against them. Their request prompted another hearing and another delay for the victim's mother, who's waiting for answers.
"I'm really concerned with the details and I'm anxious to hear why they took Shamar's life," said Joan Patterson.
But, the case against the two teens charged with Shamar Patterson's death gets more complicated by the day. Eric and Terrance Stanley are charged in the drive-by murder of the 16-year old Gates teen back in April.
Both brothers face two types of murder charges, intentional and not intentional.
Terrance's attorney says prosecutors can't have it both ways.
"This duel indictment has been used by district attorneys for several years and the depraved count has been a fallback position when they were unable to get a jury to convict on intentional murder. Well, the court of appeals says they can't do that anymore," said Dianne Russell, Terrance Stanley's attorney.
Assistant District Attorney Joanne Winslow stands by the charges and says prosecutors need to have options when trying a case.
"It's not that one charge is more crucial than the other, it's just that we want to have the ability to argue whatever the facts dictate that come out of the tria,." said Winslow.
Another issue at hand, should the charges be the same? Eric Stanley is the alleged gunman. Terrance Stanley is accused of driving the getaway car.
"It's my position that the law with regard to my client will be, should be, looked at differently from the actual shooter in this case," said Russell.
Shamar's mother may never have all the answers she wants, but she says, she also feels for the Stanley brothers' mother as well.
"Maybe one day we could all sit together and just talk about what has happened here and just hug each other and just sympathize with each other for losing three lives here."
