Young Man Involved In Incident That Led To A Murder Gets Diversion, Praise For Testifying

  • Thursday, July 30, 2015

A young man who was involved in an incident that led to a murder has been given diversion and praised for testifying against co-defendants.

Criminal Court Judge Barry Steelman said a conviction for facilitation of an aggravated robbery can be expunged if Dustin Hayes gets in no further trouble for six years.

The judge said, "We wouldn't be dealing with 40 shootings a year in Chattanooga if people would come forward, do the right thing, and tell the truth."

He said the state likely would not have gotten convictions against Ronald Cosper and Devante Stoudemire in the death of small-time marijuana dealer Steve Mosley in 2012 without the cooperation of Hayes, who drove the pair to the scene of the shooting.

Cosper was convicted of murder and is serving a life sentence. Stoudemire got 15 years to be served at 100 percent.

Judge Steelman praised Hayes, who finished Hixson High School despite being homeless at one time, for his "courage and integrity."

He added, "I fear that too often in this community murderers go unpunished because people will not come forward."

Judge Steelman noted that the nickname for Stoudemire is "white chalk." He said that referred to the chalk put down by investigators at murder scenes. Stoudemire was charged with a prior murder, but it was dismissed.

The sentencing hearing included testimony by a former Hixson High teacher, who started making sandwiches for Hayes when she learned that he was homeless. Hayes said he and his drug-addict mother lived in an abandoned house after his grandmother kicked the mother out.

Mrs. Steve Swiger said of Hayes, who had no prior arrests, "He is better than good." She said she and others are trying to get him a scholarship to a local college. She said she still talks with him four or five times a week.

Prosecutor Lance Pope, after hearing about the teacher helping the student over the years, said, "I'm humbled by your account and it makes me proud to live in this community."  

It was also testified that former Hixson High Principal Tom McCullough had been helping Hayes.

Gary Ball, who goes to church with Hayes and his family, spoke highly of them. He said, "I've been touched by all I've heard in this courtroom today. It's convicted me to try to be a better person."

Hayes, who is now 21 and who spent almost three years in the workhouse after first being charged with murder, said he got involved with "the wrong crowd" while he and his mother were living in East Chattanooga. He said he got in with a person he had gone to middle school with and he introduced him to Cosper and Stoudemire.

At the time, Hayes had gotten a Hope Scholarship at UTC after scoring 26 on the ACT. He was planning to study civil engineering.

He said the day of the killing he had not wanted to drive Cosper, because he knew he was planning a robbery. But he said he was afraid they would kill him if he did not go along.

Hayes said while he was at the workhouse he was often threatened and was told he was "a dead man walking." He stated, "They told me I should go ahead and kill myself because I was going to be dead."

He said once while he was waiting to go to court he was in a holding cell near another cell that held Stoudemire. He said Stoudemire sent word and some inmates headed toward him. He said he was saved by two prisoners who had become his friends. They shielded him with their bodies and he was not hurt.

Hayes, who often spoke to young people touring the workhouse about not getting into a life of crime, said he wants to continue his education, then go into a pastoral or counseling ministry.  

 

 

 

 

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