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Albany, New York-An attorney for Jermayne Timmons is appealing his conviction of depraved indifference murder in the death of 10-year-old Kathina Thomas.Thomas, whose family had arrived in Albany from Guyana some 16 months earlier, was hit by a stray .45 caliber bullet while playing outside her home at 445 First Street on May 29, 2008.Timmons was sentenced to 15 years to life in prison after his conviction in January 2009 by a jury. He was acquitted of one count of second-degree murder, intentional homicide,Andre Branch Dolphins Jersey, but convicted of murder showing depraved indifference.The teen fired a single shot 1,Cheap NFL Jerseys China,000 feet away, contending he was shooting at another youth who he thought was pulling a gun on him.District Attorney David Soares responded to the appeal in a prepared statement.“Mr. Timmons fired a gun that took the life of a child and awoke an entire community to the reality of gun violence,” Soares said. “He was prosecuted and convicted by a jury of his peers. He has every right to an appeal, and we have the right to defend the will of his jury.”Attorney Lee Greenstein filed the appeal, arguing that the prosecution never proved Timmons fired the .45 caliber pistol that killed Thomas and that the evidence did not support the charge of depraved indifference. Timmons has maintained that he fired a .32 caliber weapon on the night in question.Greenstein also argued that prosecutors should not have been able to present two different versions of the crime: both that Timmons intentionally killed the girl and that he did so due to depraved indifference.Greenstein also said the district attorney’s office should not have been allowed to introduce as evidence two apology notes Timmons wrote.“The notes from appellant to the victim’s mother, expressing his remorse that his actions might have resulted in her daughter’s death, were wholly irrelevant since the appellant could not have known whether the single bullet he fired, amongst the many that he knew were fired,Cheap NFL Jerseys, was, in fact, the stray bullet that accidentally struck the victim,Cheap NBA Jerseys China,” Greenstein wrote.He also objected to the use of autopsy photos,Nike NFL Jerseys China, saying that they unfairly prejudiced the jury.“Any marginal relevance of the heartrending photographs was outweighed by the prejudicial impact,Dale Hawerchuk Jersey,” he wrote.Greenstein also accused the prosecution of making inflammatory, prejudicial comments and shifting the burden to the defense of establishing Timmons’s innocence.The attorney also objected to admission of some comments on the stand from Detective Thomas Kubisch.In his final argument, Greenstein said that even if the court upholds the conviction, the 15-year-to-life term was excessive and the case should be sent back to court for re-sentencing.“The appellant was 15 years old on the date of the offence; he did not intend to strike the victim but rather a young man who appeared to reach for a weapon; he fired his gun only once,” Greenstein wrote. He also said Timmons acted along with a 21-year-old who instructed him to fire the gun. (www.timesunion.com)
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