Murder retrial scheduled

Published 10:58 pm Friday, May 29, 2009

MOULTRIE — A retrial is scheduled to begin Monday for a Moultrie man allegedly involved in a 2006 home invasion in which one person was fatally shot. The first trial last year ended in a hung jury.

Anthony Jerome Thompson, 22, was indicted on charges of felony murder, burglary, aggravated assault and possession of a firearm during the commission of a felony in the October 2006 home invasion in which Diego Diaz Gomez, 21, was killed.

Co-defendant Tyrus Carter, who twice has entered guilty pleas to lesser charges in the case only later to withdraw them, also is scheduled for trial with Thompson. He and Thompson were indicted on identical charges in the case.

Carter and Thompson have been jailed since their arrests.

Two other men charged in the home invasion at 1022 Fifth Ave. S.W., Marcus A. Stevenson and Charles Kinsey Jr., pleaded guilty to voluntary manslaughter in April 2008. Carter, Kinsey and Stevenson were called as witnesses during Thompson’s initial trial in May 2008.

They testified that the burglary was Thompson’s idea, and that he carried a .22-caliber rifle and kicked in the door of Gomez’s residence. They also testified that all four of them were armed when they carried out the home invasion.

After Thompson’s trial the jury deadlocked 8-4 on all counts. Jurors told Superior Court Judge Frank Horkan that they would not be able to reach a unanimous verdict in the case.

Assistant District Attorney Brian McDaniel said Thursday the he is comfortable retrying the case.

“The state believes the evidence is sufficient to warrant a conviction,” he said. “It’s a good case and there’s good evidence. We think it merits being presented to a jury for a determination one way or the other.”

McDaniel said he could not comment further until the completion of the trial.

Valdosta attorney Jody Peterman, who is representing Thompson and did so during the first trial, said he had no comment on the case at this time.

On both occasions where Carter pleaded guilty, sentencing was delayed pending the outcome of Thompson’s trials.

Kinsey and Stevenson were each sentenced to serve nine years in prison and 11 years of probation.

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