CHARLESTON, W.Va. — A Detroit, Michigan man has been convicted in the 2017 shooting death of a South Charleston man.
A 12-member jury inside Kanawha County Circuit Court on Wednesday afternoon deliberated for around 90 minutes before finding Marcus Young, 20, guilty of first-degree murder in the death of Terrell Davenport, 27 in Charleston.
“I’m very happy with the verdict, I’m very, very happy with the verdict. I’m glad it’s over,” Latasshia Davenport, mother of Terrell, told MetroNews.
“It’s been a long process. We’ve lost a lot.”
After being shot five times at the West Side Market & Deli on 7th Avenue in Charleston on December 14, 2017, Davenport died the following day. Jayrionte Thomas, 20, of Detroit, was a co-defendant in the case and pleaded guilty to first-degree murder and has a chance at mercy as part of the deal with prosecutors.
With mercy, Thomas is eligible to have a hearing before the West Virginia Parole Board after he’s served 15 years in prison. The jury’s verdict on Wednesday did not give Young a recommendation of mercy.
“I couldn’t be happier. It’s finally over. Justice was served today (Wednesday),” Sade Davis, sister of Terrell Davenport said outside of the courtroom of Judge Tera Salango.
Davenport was shot inside the business after a verbal argument with Young, Thomas, and another man. Police said Davenport was shot inside the business by Thomas.
Surveillance video from the outside of the business was broadcasted during the trial and showed Davenport attempting to escape the gunfire but stumbling to the ground once outside of the front doors. That’s when Thomas runs away and Young follows, but Young is shown shooting Davenport three times while he is on the sidewalk, including twice in the head.
Young’s attorney, Ed Bullman, told the jury in his closing arguments and during the two-day trial that this should not be a murder charge, but voluntary manslaughter.
Bullman said charging Young with first or second-degree murder requires malice and premeditation, something he said is not there. He said that Young and Thomas believed that Davenport had a gun. Witnesses said during the trial they never saw one on Davenport.
Assistant Kanawha County Prosecutors Debra Rusnak and Maryclaire Akers gave the closing arguments for the prosecution and said this was every bit malicious and intentional with Rusnak calling it a “cowardly act.”
Thomas was expected to testify against Young on Wednesday but the defense decided not to have him speak following a transportation order mistake. The family of Davenport will have the chance to make an impact statement in court on December 12 at 2:30 p.m, nearly two years to the date of Davenport’s death.
Latasshia Davenport said while the family is grateful for the work by Rusnak and Akers, they will continue to miss Terrell.
“He was full of life and fun and exciting. He was very lovable with his family, he loved us. As I said, he wasn’t a perfect child but he was mine. He was my child, my very first child.”