Charles Melton confers with attorney Chris Dixon. Also shown are Judge Gary Starnes and prosecutor Lance Pope.
A 16-year-old who suffered a serious arm injury in a gang shooting on N. Hawthorne Street on Jan. 12 testified Tuesday that he could not identify either of the shooters.
Investigator Jared Hamilton said just after the incident, while lying in the hospital, the victim told him that the one driving he knew as "Spank" - a nickname for one of the defendants, Charles Lebron Melton.
However, the teen told prosecutor Lance Pope he could not identify anyone who fired at him, causing him and another youth to run for cover as multiple shots were fired at them.
General Sessions Court Judge Gary Starnes wound up dismissing all charges against the co-defendant, Montrell Jawan Franklin, saying the state did not have enough evidence against him.
Investigator Hamilton said just after being taken to jail that Melton had called a female and told her "to tell Fo Face to lay down. He's hot." The investigator said Fo Face is a nickname for Franklin.
Judge Starnes said that was not enough evidence to tie Franklin to the crime.
He did send charges of attempted first-degree murder, reckless endangerment, aggravated assault and possession of a weapon in the commission of a felony to the Grand Jury against Melton.
The teen victim, who was brought to court from the Juvenile Detention Center where he is being held on a probation violation, said he and Tyrik Owens were walking when a maroon vehicle drove by. He said they began running when they heard gunshots.
He said the car continued to follow them as more shots rang out.
The teen said he at first did not realize that he was shot. He said after he noticed the arm injury he held off going to the hospital for two hours because he knew he would be taken into custody. He said he first went to a girl's house, then to the home of a cousin. He said family members, including his mother, insisted that he get treatment.
He rolled up his sleeve and displayed an eight-inch scar to Judge Starnes.
The teen said he knew of the defendants, but did not know them personally.
Investigator Hamilton said the maroon Ford Fusion believed used in the shooting was located at the Windsor Trace Apartments. He said a box of 9mm live rounds was found inside. He said a large number of 9mm as well as 40-caliber shells were found at the shooting scene.
He said a 357 handgun was found in the wood line where the teen victim had run, and it was believed he was carrying it at the time.
The teen said Owens had a gun in his belt, but had trouble getting it out as they were fleeing the fusillade.
The state did not call Owens as a witness.
A second hearing was held in which Melton was charged with theft of property, evading arrest and resisting arrest last Aug. 7. He was charged along with Reuben Williams.
Officer Charles Decker said there had been a BOLO (be on the lookout) issued for a tan Equinox that had been taken in a carjacking in Nashville. He said he was on Gillespie Road in Brainerd when he spotted Williams driving it.
He said he turned around quickly, but lost the vehicle on the curvy road.
However, he said he saw it again at M&J's convenience store on Brainerd Road four hours later. He said Williams and Melton were near the vehicle.
He said Melton took off running, leading him on a chase that included both jumping a fence. He said Melton wound back up near the vehicle, and other officers helped get him handcuffed.
He said there were two pairs of tennis shoes in the court and a receipt for one that had been bought with cash a short time earlier at Foot Action. He said video showed Melton and Williams at the store with a third person buying the pair of tennis shoes.
The officer said fingerprints belonging to Melton were taken off the back window of the vehicle.
Melton was able to make bond and was free in time for the recent shooting.