Marcus and Brandon Wallace, along with a friend, Keidric McKinstry, were all accused of opening fire and killing an innocent bystander at Creekside Village Apartments on June 8, 2010. A jury found Brandon Wallace, 24, guilty during a trial held in October 2011. Marcus Wallace, 29, pleaded guilty to manslaughter 10 months later.
Investigators arrested the Wallaces and McKinstry after witnesses said they saw them fire shots. “They got the wrong information when they arrested my son. They got the wrong two boys,” said Mable Wallace, Marcus Wallace’s mother.
In October 2013, attorneys for Marcus filed paperwork to withdraw his guilty plea, and the attorney for Brandon Wallace filed documents requesting a new trial.
Both claimed that witnesses who could have proven alibis were never called to testify. The attorney for Marcus Wallace presented affidavits from family members, who said they had a voice mail of another family member admitting to the shooting that attorneys did not introduce in court.
Co-defendant Keidric McKinstry pleaded guilty to the murder in March 2012 and is now serving a 21-year sentence at Ventress Correctional Facility. He hand-wrote and signed an affidavit filed in October 2013 stating that Brandon Wallace was not with him the night of the shooting and that his attorney wouldn’t allow him to speak about that before he was convicted.
Another affidavit filed by one of the shooting victims stated that he did not see Brandon Wallace at the apartment complex that night. Both are willing to testify under oath that Brandon Wallace was not there, Birmingham attorney David Gespass said.
An attorney representing Marcus Wallace also filed several affidavits signed by friends and family members who say they were with Marcus that night.
His mother, aunt, cousin and a friend stated that he was home watching the NBA playoff game between the Los Angeles Lakers and Boston Celtics. He only left the apartment once, after borrowing his aunt’s house shoes and 50 cents to buy a cigarette from a neighbor, they stated.
The women also said that they have a recording from another family member admitting that he and another friend actually committed the murder and hid the weapons. The attorney representing Marcus at the time did not offer that voice mail as evidence and did not present witness statements that they say would have confirmed his alibi.
Marcus Wallace’s attorney wrote that he only pleaded guilty because he was told he could receive a life sentence if a jury found him guilty.
Source : News Report, October 13, 2013