Defense attorney: No chance any suspects in Asia Poole’s death will be convicted of murder
The attorney for one of the four suspects charged in the livestreamed shooting death of Birmingham mother Asia Poole said there’s no chance a jury will convict any of them for murder.
The attorneys for the four young suspects – one woman and three males including a 17-year-old – claim their clients fired their guns that night in self-defense after they saw four armed men – including the victim’s brother – standing across from them.
They also alleged the first shot fired might have come from Poole’s brother who was armed with a Draco.
“Based on what we’ve heard, there is no way in my honest, professional opinion, 32 years of doing this, that a jury would ever convict any of these folks,’’ said attorney Darryl Bender, who represents 20-year-old Aacoreyah Denae Woods.
“There’s evidence there were three armed men on the other side of the breezeway on the top (floor of the apartment building) and this young lady’s brother, who had all the motive in the world,’’ Bender said.
“His younger sister had just been beat up; her car stolen by the woman who beat her up.”
“The law doesn’t require that these folks allow him to shoot and then they defend themselves,’’ the attorney said.
“What a jury is going to hear is that his sister got beat up, he’s armed, three other men were armed, and these folks start shooting and running. This was self-defense all day.”
Woods and three others are charged murder in the Aug. 20 shooting death of Poole, and attempted murder in the wounding of Poole’s best friend, Damarion Rankins who was shot in the thigh.
The others charged are Justin Jamond “June Bug” Hendrix, 20, Taylor “Paper Route Tay,’ McCloud, 22, and a 17-year-old male.
They are also charged with attempted murder in the wounding of Poole’s best friend, Damarion Rankins, who was shot in the hip.
Several are also charged with discharging a firearm into an occupied building for two apartments that were struck by gunfire that night.
Janiyah Hendrix, 19, who was fighting with Poole before the shots rang out, is charged with first-degree auto theft after authorities say she fled the chaotic scene in Poole’s car.
Janiyah Hendrix and Justin Hendrix are siblings. Justin Hendrix is also charged with conspiracy to commit murder in an unrelated murder-for-hire shooting that happened earlier that day. No one was injured in that case.
The four murder suspects appeared before Jefferson County District Judge William Bell Wednesday for a preliminary hearing on the charges. When the hearing was over, Bell forwarded all of the cases to a grand jury for indictment consideration.
Bell also granted Woods a $250,000 bond with the requirement of electronic monitoring. Prosecutors objected to Woods getting bond.
Hendrix and McCloud remain held without bond.
The 17-year-old suspect will have a bond hearing on Thursday.
The mother of a young daughter, Poole died from a single gunshot wound to the back. The father of Poole’s 4-year-old daughter died weeks before Poole was killed.
The shooting happened about 10 p.m. Aug. 20 on Gallant Drive at Monarch Ridge apartments.
Poole’s acquaintances said there was an ongoing dispute between her and Janiyah Hendrix over a man.
The fight between Poole and Janiyah Hendrix started near Poole’s vehicle in the parking lot. They were eventually separated but it started back up in the breezeway of the building where Poole lived.
The fight and subsequent gunfight were captured in Facebook Live videos. Surveillance cameras – including cameras that are present in each breezeway of the large apartment complex – also captured some of the chaos that night and were retrieved by the Metro Area Crime Center.
Birmingham homicide Det. John Finke was the lone witness in Wednesday’s hearing.
Finke testified that when he got on the scene at Monarch Ridge that night, “shell casings were everywhere,’’ and Poole was dead in her breezeway.
Police said more than 160 rounds were found. Shell casings recovered from the scene came from four different caliber weapons.
Finke said initially he got nicknames of those involved, and later was able to identify them by their real names. With the help of witnesses and the surviving victim, he was able to identify those seen in the videos.
Finke said Justin Hendrix was seen in the videos wearing a black hoodie, a black ski mask, and was armed with two guns – a Draco and an AR- 15 pistol.
McCloud was wearing all black, he said, and was armed with a gun.
Woods was wearing denim shorts, a brown shirt and was armed with a Draco that had an extended magazine. At one point, the detective said, she also was wearing a ski mask.
The video, Finke testified, showed that the 17-year-old suspect – who was seen shirtless in the videos – fired the first shot toward the breezeway as Janiyah Hendrix was fleeing the scene in Poole’s vehicle.
It also showed Woods, McCloud and Justin Hendrix firing their guns. All four shooters, Finke said, were firing their guns toward the breezeway where Poole was found dead.
Police have previously said at least two people returned fire after the four suspects shot.
Finke said about seven or eight videos were collected from that night. None of them, he said, showed anyone shooting from the breezeway and said no shell casings were found there.
One of the Facebook Live videos was from a cell phone that was dropped in the breezeway once the shooting started and captured the minutes-long barrage of gunfire.
That video recorded the owner saying “No, Romeo, no” right before the gunfire started.
She later told detectives that she was telling him not to run out into the parking lot and into the fray. She also said Poole’s brother did not fire any shots.
Defense attorneys contend that the audio from that recording clearly indicate that the first shot fired was in close proximity to that cell phone and not from the parking lot.
They also noted that Poole was shot in the back while likely facing the parking lot, indicting the fatal shot may have come from one of the armed men standing near her in the breezeway.
Finke testified that he’s spoken twice with Poole’s brother who has failed twice failed to show up for scheduled interviews with detectives.
The brother has not responded to a previous request for comment from AL.com.
Police are still waiting on ballistics testing to determine what kind of bullet killed Poole.
Finke said during testimony that as part of the investigation, they collected a Draco that was found alongside a black mask and gloves about a mile from the shooting scene.
Investigators, he said, have still not identified three of the masked men brandishing guns that night.