The murder trial of a teenage accused of taking part in a 2006 robbery in which a Carrollton woman was fatally shot will begin next week.
The newly hired attorney for Varion “Snoopy” Shell, 17, had asked the trial be delayed.
Shell is one of nine codefendants charged with the murder of Paolo Cabanas, 35, during an armed robbery in Elizabeth Village mobile home park on July 19, 2006. Cabanas was killed in front of three young children she was baby sitting. One of the children, Sabrina Montsivais, who was 9 at the time, was shot through the legs and survived. Cabanas’ brother-in-law, Pedro Espinosa, was shot in the leg and survived. Jorge Espinosa, Cabanas’ husband, was grazed by a bullet that went through the family’s mobile home.
Shell is charged with two counts of murder, armed robbery, eight counts of aggravated assault, three counts of first-degree cruelty to children, possession of a gun or knife during the commission of a crime and possession of a pistol or revolver by a person under the age of 18.
Samuel Rael, the Atlanta attorney retained by Shell’s family, argued Thursday before Superior Court Judge Dennis Blackmon that he had just taken on the case and needed more time to review it. Prior to hiring Rael, Shell had been represented by Public Defender Jan Hankins.
“The first I’ve seen Mr. Shell was moments ago in a jail cell. He indicated to me that he’s very unhappy with his public defender,” Rael said.
Rael filed an entry of appearance, which establishes him as Shell’s attorney, on Oct. 31.
Blackmon asked if Shell was not happy with Hankins because she might have suggested he take a plea bargain offered by the state.
“Is the defendant unhappy with his public defender because the public defender relayed the plea offer to the defendant and somehow indicated that the plea would be better than going to trail?” Blackmon asked.
Rael said all he knew was the “confidence was lost” by Shell and that his client was not trying to manipulate the court or delay his trial needlessly.
Four of Shell’s codefendants have already been sentenced for their involvement in Cabanas’ death.
On Oct. 29, Arlandra “Red” “D” Deonta Holland, 17, pleaded guilty to murder, armed robbery, three counts of aggravated assault and three counts of first degree cruelty to children. Assistant District Attorney Anne Allen made a sentencing recommendation of life plus 10 years, which Blackmon accepted.
Christopher D. “C-Weezy” Coleman, 20, pleaded guilty Aug. 30 to murder, armed robbery, three counts of aggravated assault, three counts of cruelty to children, and possession of a firearm by a convicted felon and was sentenced to serve life plus 10 years.
LaBryan “Brian” “B” Lytle, 18, was found guilty Oct. 19 of felony murder, armed robbery, eight counts of aggravated assault, three counts of first degree cruelty to children, possession of a gun or knife during the commission of a crime and possession of a pistol or revolver by a person under the age of 18. Blackmon sentenced Lytle to serve two consecutive life sentences plus 90 years.
Marcus Tyrone Oliphant, 19, was found guilty of two counts of murder, armed robbery, eight counts of aggravated assault, three counts of first-degree cruelty to children, possession of a gun or knife during the commission of a crime and possession of a pistol or revolver by a person under the age of 18, and was sentenced to serve two consecutive life sentences plus 130 years.
Allen said she was asked by Hankins to extend Shell’s deadline to plead until after Lytle’s trial. Shell was offered the same sentence that Coleman and Holland were sentenced to. She also said Shell’s mother had been at Lytle’s and Holland’s trial.
Blackmon denied Rael’s motion to continue the trial.
“The motion does claim surprise by the defendant’s family as to the seriousness of his situation. That defies logic,” he said.
Shell was arrested shortly after the July 19 shooting and indicted on the charges he now faces in October of 2006.
“There is no reason to continue this case. It is never a reason to continue a case to hope for a better offer from the state,” Blackmon said. “This may be the defendant’s attempt to delay these proceedings.”
Shell’s other codefendants Randall “Boots” Laye, 19; Cody Buchanan, 19; Chade Lamont Ackey, 19; and Aerius “Pete” “P” Deshad Potts, 17, are still awaiting trial.
Shell’s trial will begin on Monday, Nov. 5.