The attorney for 18-year-old Shavonte Samuels of Ashley was unsuccessful in getting charges dropped against him in connection with the shooting of two men in Laura Leake Park in April.
Dennis Hatch argued during a probable cause hearing in Marion County Court on Friday Samuels was acting in self-defense when he pulled the gun during a disagreement with Zykevious Burnett and shot him in the body. Judge Mark Stedelin noted while self-defense may be a trial defense, it was not a consideration in the low burden of proof needed to find probable cause to continue the proceedings against Samuels.
Samuels is charged with two counts of aggravated battery and aggravated discharge of a firearm in connection with the shooting of Burnett and a person who had come to the park with him, Nyree Dugans. Both were eventually transported to St. Louis Hospitals for treatment.
Illinois State Police Special Agent Theodore Tebbe testified Burnett did slap and push Samuels a few times as the argument became heated at the Park Pavilion and Samuels pulled the gun and began shooting. When questioned by Hatch, Tebbe described Burnett as about 6 foot two. He then had Samuels stand, who was much shorter in stature, and said under law Samuels had the legal right to defend himself and probable cause had not been met. Dugans, who was about 15 feet away, was also shot in the leg. Samuels allegedly ran from the park after Burnett fell to the ground and was bleeding. Tebbe also testified neither Burnett or Dugans had a gun.
A 17-year-old Centralia juvenile who was with Samuels then pulled a gun and also allegedly fired towards Burnett. The juvenile is charged with one count of aggravated battery and aggravated discharge of a firearm.
Burnett told State Police in an interview from the hospital that he used to be friends with Samuels and the juvenile and the disagreement was over some girls.
States Attorney Tim Hudspeth noted in seeking probable cause that it was not justified to defend yourself from a slap with a gun. He added the two victims as well as two witnesses that were with the two victims when they came to the park had all identified Samuels and the juvenile as the shooters.
After finding probable cause, Samuels entered a not guilty plea and ask for a jury trial that was set for August 15th. He is next due back in court on July 12th for a pretrial hearing. Samuels remains in custody at the Marion County Jail in lieu of $500,000 bond.
