Rockford Police describe the terrifying last minutes of Charles Spivey's life through an eyewitness. The defense argues that witnesses could not identify his client Lamont Cole.
Cole is allegedly one of the gunman in a 2011 shooting that left Charles Spivey dead and four others hurt. But Cole's lawyer says he did shoot anyone that night.
Rockford Police say the shooting happened January 20, 2011 outside a house on Sherman Avenue where a party was going on. Police say Brian Spivey, the cousin of the victim, describes a man shooting a gun into the air and said 'all hell broke loose.'
He said three men started shooting at people. Brian Spivey told police after he was shot he crawled on the ground trying to get away from the gunfire when his friend put him in a van his cousin Charles Spivey was driving. Instead of getting away they crashed in a snow bank and he saw his cousin had been shot in the head.
The defense argued detectives showed Brian Spivey and another witness photo line-ups days after the shooting that included Cole, but he was never identified him as a shooter. It was not until two months later that Brian Spivey named Cole as one of the men who shot him.
The defense will continue its case Friday. The Cole's trial will likely wrap up next week.
As for the two other accused shooter, Antwan Maxey had his charges dismissed because a judge ruled his constitutional right to a speedy trial was violated. The third man, Clifford Horton is still awaiting trial.
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