Monday, June 26, 2017

He said he was going to "off" the kid.

Madison County Justice Court Judge Bruce McKinley ordered three men accused of killing six-year old Kingston Frazier bound over without bond until the grand jury meets.  Dwan Wakefield, Jr., DeAllen Washington, and Byron McBride, Jr. appeared in court today for their preliminary hearings.  They are all charged with capital murder after little Kingston was kidnapped at the I-55N Kroger in Jackson and shot to death in Madison County. 




County Prosecuting Attorney Pamela Hancock handled all three preliminary hearings. Hinds County District Attorney Robert Shuler Smith watched the preliminary hearing for McBride but then left.

Byron McBride, Jr. was the first defendant to face Judge McKinley.  Thirteen deputies were present to maintain order in the courtroom as the Judge warned the court about engaging in emotional outbursts.  Attorney Scott Johnson represented McBride.

MBI Investigator Trent Weeks testified in all three preliminary hearings.  Mr. Weeks said that he received a phone call at 2:44 AM that JPD had notified his agency about a possible Amber Alert.  He was later told that the Hinds County Sheriff's Office would request the alert.  He arrived at Kroger at 3:30 AM and reviewed the video and other information.  He said the video showed the silver Honda Civic arriving at the Wendy's in the Kroger parking shortly after 1:00 AM.  Ebony Archie arrived around 1:15 AM in her Camry.  She went inside the store and left Kingston in the car with the engine running . The video showed the headlights stayed on while she was inside Kroger.  The Civic moved over by the Camry.

A bespectacled Byron McBride sat silently in his red jumpsuit while he heard the testimony.  Mr. Weeks testified that one black male exited the car on the passenger's side.  He went to the Camry, looked inside, returned to the Civic to get something, and then got into the Camry. Both cars proceeded to leave the parking lot.

The Hinds County Sheriff's Office received a tip that Washington and Wakefield were in the Civic.  A 911 call made to the Madison County Sheriff's Office at 9:00 AM stated that a car matching the description of the Camry in the Amber Alert was abandoned on a dead-end road in Gluckstadt.

He said Wakefield was arrested at approximately 3:00 PM that day.  Washington surrendered with his attorney while McBride was arrested later that afternoon.  Washington refused to make a statement to the police while Wakefield and McBride did provide statements. 

McBride gave several statements that contradicted each other.  He first claimed he wasn't at Kroger but then said he was in the Civic with Washington and Wakefield when he arrived at Kroger.  He claimed his friends told him to steal the car and kill the child when he returned to the Civic (before stealing the Camry).

  McBride saw the Camry and stole the car as corroborated in the video.  He said he was going to take the car to Holmes County but discovered Kingston and "offed" him.  That must have been the word used by McBride to describe the murder of Kingston because Mr. Weeks used the word "offed" throughout the hearings when referring to McBride's confession.  McBride sent a pin drop to his compadres who  came and got him.  He told them he killed Kingston.

He said in yet another statement that the Civil followed him to Madison County.  Both cars pulled off on the interstate by the Nissan plant.  He and Washington exchanged places and Washington drove the Camry.  He said that Washington killed Kingston.  Mr. Weeks said the one consistent feature of all three statements was that Kingston Frazier was killed in Madison County.  He also said under cross-examination that evidence such as gunshot residue and DNA tests had not yet been processed at the state crime lab.   Judge McKinley decreed that McBride would be bound over to the grand jury without bond.

DeAllen Washington took his turn in the courtroom and met the same fate.  Mr. Weeks said that Washington refused to talk and only said that he went to the Wendy's to sell some weed. He gave similar testimony in all three cases.  However, his attorney, Warren Martin, was combative he questioned the investigator.  Judge McKinley admonished him several times for his behavior.  "Did your investigation include cellphone records?" bellowed Mr. Martin.  Mr. Weeks answered in the affirmative as Martin rapidly continued: "Would it surprise you to know that Washington didn't own a cellphone? Where are the numbers and cellphone providers?" Judge McKinley chastised him for being argumentative with a witness.

Mr. Martin then took up the Hinds County angle.  He dug in and hurled more questions at Mr. Weeks: " Is MBI the lead agency? Are you relying on information provided by the Hinds County Sheriff's Office?" The investigator answered yes to both questions.  The attorney questioned Madison County's jurisdiction in the initial appearance that was held for his client last month . However, Mr. Weeks admitted  that Washington and Wakefield did not appear in the Kroger video as the video only showed a black male with short hair getting out of passenger door of the Civic.  It did not show who was inside of the Civic.  Mr. Weeks said that they got the number of people in the Civic from statements.

Mr. Martin then tried to argue about the weed buy but Judge McKinely shut him down by reminding him that kidnapping, not drug offenses, was the underlying crime in the capital murder case.  Mr. Martin raised his voice and asked about tests for DNA, gun residue, and other evidence.  Mr. Weeks replied that the state crime lab is processing these tests.  He asked the state's witness if he had any actual evidence besides contradictory statements made by McBride that could bind his client over to the grand jury.  Judge McKinley jumped in and reminded the barrister that the rules of evidence did not necessarily apply to a preliminary hearing and that hearsay testimony was could be allowed at this level.  Mr. Martin pointed out that his client surrendered while police had to arrest the other two defendants. Mr. Martin also if the fingernails of Kingston Frazier were checked for gun residue (to indicate a struggle).

More information about what took place that morning was revealed during the preliminary hearing for  Dwan Wakefield.  The former Ridgeland High School Quarterback was represented by Tom Fortner and Valerie Moss. Wakefield said in his interview with investigator Rusty Clark that the trio went to the Wendy's on I-55N to sell a dime-bag of weed.  Wakefield said McBride never told him and Washington that there was a kid in the Camry.  He said McBride just got his stuff out of the car, got into the Camry, and left the Kroger parking lot.  He said that McBride said the car belonged to his girlfriend and he was going to Holmes County.  He said they were in the parking lot for only a few minutes when the Camry arrived.  Mr. Meeks admitted he could not identify McBride in the video.

Wakefield said that he and Washington left the I-55N Wendy's and went to the Wendy's on Hanging Moss and Northside Drive and completed the drug deal.  Wakefield gave the name of the buyer to police.  The buyer corroborated that part of Wakefield's story.

The defendant said that McBride called the duo to come get him in Gluckstadt.  McBride told them he ran out of gas and sent a pin drop to his cellphone.  It should be noted that Wakefield deleted all text message exchanges with McBride from that night.

Mr. Fortner then attacked in mild-mannered fashion the basis for holding his client in custody. He asked if the only evidence for charging his client with capital murder was the testimony of McBride.  He said there might be basis for accessory before or after the fact but there was no other evidence.  Weeks said that McBride had also said in one statement that Wakefield told him to just drop the kid off somewhere but that McBride said he was going to "off" the child.

However, Wakefield made no phone calls to secure the release of little Kingston nor try to notify police about the kidnapping.  Mr. Fortner later told reporters that his client didn't think McBride would actually kill a child.  Mr. Fortner's request for a reasonable bond was denied as Judge McKinley ordered him bound over to the grand jury.

District Attorney Michael Guest said after the hearing that the crime lab will probably return test results in a month.  He estimated the grand jury will take up the case in the September term.

37 comments:

Anonymous said...

Good!

Anonymous said...

Who be they lawyers?

Anonymous said...

The Grand Jury should never meet!

Anonymous said...

Start the meter. The wasted money is already piling up. I wonder if the trio has already turned in their dinner meal request for Monday evening. The pineapple slice topped with cherry sounds good to me.

Anonymous said...

KF, can you provide any more details of the proof the prosecution offered at the hearing ? The CL says that the 3 boys went to Kroger to sell some weed to someone else and that, during a supposed phone call, McBride told Wakefield that he was going "to off the kid", Kingston Frazier. Supposedly McBride initially said that Washington shot the kid, but McBride allegedly later admitted it was he who shot him.

It's not clear from the CL article why McBride would have said that to Wakefield in a phone call if the two were together in the same car ??? Also, the CL article doesn't indicate whether any proof was presented showing how this went from going there to sell weed to a carjacking and murder. (Maybe they went there to sell some weed, saw the running car, McBride decided to steal it, and then later, realizing there was a young child in the car, called Wakefield and told him about the child in the car and then said he was going to "off" the young child ???)

Could you provide any more details as to what proof was presented ?

Anonymous said...

The C-L has already scooped you on this one KF. You might as well move on to some important news like recruiting at OM.

Anonymous said...

Why do you say the grand jury should not meet?
Why is it wasted money?
If prosecutors don't follow the law, those thugs get out on technicality!

Anonymous said...

"My son didn't kill that baby!"

Well, Mr. McBride, your son said he did it.

Anonymous said...

Wakefield was smart enough to hire Fortner.

Anonymous said...

I imagine Fortner volunteers for capital murder cases...

Cut The Fat.. said...

"Why do you say the grand jury should not meet?
Why is it wasted money? If prosecutors don't follow the law, those thugs get out on technicality!"

Where did I say the grand jury should not meet. said it's a waste of time and resources for the law to require a damned justice of the peace involved in the process. The fact that 'Oh, but he's a lawyer' is totally irrelevant.

Anonymous said...

Points to Wakefield for being rep'ed by Fortner. If Guest secures any conviction against Wakefield, consider it hard earned.

Anonymous said...

If Guest secures any conviction against Wakefield, consider it hard earned.

You're aware this case will be tried in Madison County, right?

Anonymous said...

Any news, yet, as to WHY the killer felt the need to "off" the kid?

Anonymous said...

@2:49

Requiring the State to follow the law is not a technicality.

But don't let that pesky Constitution get in the way of your insipid opinions.

And 5:21

Every conviction should be hard earned. Every citizen deserves a fair trial and the State should be put to the test in every one of them.

And I hope they are given the max if Guest proves the case beyond a reasonable doubt.

Seer sucker suit said...

I'd love to see Tom Royals come out of the retirement home to handle this. He was always so good at representing the guilty.

Anonymous said...

"But don't let that pesky Constitution get in the way of your insipid opinions."

It takes an angry little pissant to make comments like that. It is indeed a waste of time and money for this to be required. Nobody is arguing that it is not a requirement, although you won't find it stated in 'the constitution' that a Justice of The Peace will conduct the preliminary hearing.

Kingfish twice mentions 'sent a pin drop'. Is that some sort of street slang and if so, slang for what?

Anonymous said...

To send a pin drop is to share your location from one smart phone to another smart phone via messaging. The pin drop shows where your location is, and the person that receives the location can get directions on how to get to you.

Anonymous said...

Tom Fortner could practice law better in his sleep than Warren Martin ever has in his life

Anonymous said...

11:18 pm The Constitution doesn't say there should be a lot of things. There isn't a Defense Department or Justice Department specifically named ( among several others) just the ability to create such.

There is good cause for a preliminary hearing. It's to determine if the arrest is justified , to let person arrested know the charges against him and why he is being charged. Sometimes, the charges are dropped at preliminary hearings and the person found to be falsely accused. That isn't common but it has happened.

I learned this in 7th grade Civics class.

You obviously couldn't pass a the test for citizenship given to immigrants.

I think you owe it to those who died for your freedoms and rights as a citizen to have a clue what they are! Shame on you!

Anonymous said...

I know the mother lost a child but had she taken Kingston in to the store with her instead of leaving him in the car alone in the parking lot for over an hour we wouldnt be talking about anything here.

She should share some blame and responsibility in this as well.

Anonymous said...

Dwan Wakefield's account of the event seems the closest to the truth.

Hypothetically speaking, the whole situation was a drug deal gone wrong.

It's a safe bet that Byron McBride called Wakefield for a ride and wanted DeAllen Washington for back-up just in case something crazy happened. Instead of McBride getting attacked - he picked up a car with a child in it - with the child's father and mother assuming, whoever McBride reported to, would tell him to not kill the child. Instead, he killed the child anyway.

That is why the mother and father should be brought in for child endangerment.

But the father is nowhere to be found and that is why at least the mother should be brought in.

This was a retribution killing due to some bad business dealings between Kingston's family and McBride and whoever he deals with.

The parents should have never put the child in harm's way and should be held accountable

Louis LeFleur said...

Anon. 9:24, there has been no mention of the father here until your comments. Stating that he is "nowhere to be found" is incorrect. He and his location are known. He doesn't live in the Jackson area, but has been a part of the story since the beginning. Still, other than being the father, he isn't involved in this case other than some confusion in the early hours of the story.

Anonymous said...

@ 9:24 Take your tin foil hat off. Your theory is absurd.

Anonymous said...

I've heard family members are looking for an attorney - I assume to sue Kroger.

Anonymous said...

1:25 - Or perhaps you are just hoping to start a new rumor? Who did you hear it from? An actual family member? And if you "heard" they are looking for an attorney, why don't you KNOW the reason why? Why do you have to assume? Again - perhaps you are hoping to start a new rumor!

Anonymous said...

I'll bet a smoove hunnert Kroger will be named in a law suit. And more than likely some trash bag lawyer will be on their side and the jury pool in Hinds CO will most likely make them(or their insurance co) pay. I see no negligence on Kroger's behalf, but since they didn't have armed valet parking they will be found negligent to some degree.

Anonymous said...

I'm no lawyer or LEO but since the child was abducted from the Kroger parking lot in Jackson wouldn't JPD or HCSO have to bring an endangerment charges against the mother?

Anonymous said...

@ June 27, 2017 at 10:12 AM

How is Anon @ 9:24am theory absurd? Please explain fallacies?

Anonymous said...

They will say that Kroger is liable because they knew - or should have known - that their security guard would often sleep in his car instead of watching the parking lot. That wouldn't fly with me, but I won't be a juror. How bad must the Sheriff's deputies be to have 2 of them there and have this happen, though?

Open The File Again.. said...

The explanation offered by 9:24 seems reasonable to me. At least its a deviation from the standard 'slam dunk' that Kingfish and others are suggesting. Dig deeper and you'll find culpable (if not criminal) negligence all around.

Don't forget, the only people to come forward on behalf of the baby-momma are her family members, all of whom were at home in bed asleep but are experts.

Anonymous said...

I feel like Wakefield and Washington are the ones telling the truth McBride told many different stories of what happened. I also feel like the mother should be held accountable for leaving the child in a running car well past midnight. McBride pretty much set Wakefield and Washington up because he knew what he did and didn't even tell them what he did, so Wakefield and Washington pretty much are going to spend a good amount of their life in prison due to another one's action. McBride really played the other two boys by lying on them. This case is a prime example of watch who you hang out with. Hope the two boys get through this.

Anonymous said...

@6:29 Exactly Washington and Wakefield could be looking up to 10 years in prison for a crime that they did not know of.....but I disagree on the mother part

What We Have Here, Your Honor.. said...

You people who 'disagree on the mother part' really have no basis for your disagreement other than thinking no mother could possibly be involved in something like this.

The world, the US, Mississippi and Jackson are full of mothers who view children as inconvenient possessions. And after the 'my baby gone' choir leaves the stadium, the lawyers will enter the stage and seek a mil or two for the parents with a nice rake-off for the firm.

Anonymous said...

10:24; If you and I kidnap someone and take him to a residence and you stay downstairs but I take him upstairs and 'off him', you are still going to fry (figuratively).

Anonymous said...

@ 9:24 the reason your comment is absurd boils down to these sentences:

"That is why the mother and father should be brought in for child endangerment.
But the father is nowhere to be found and that is why at least the mother should be brought in. This was a retribution killing due to some bad business dealings between Kingston's family and McBride and whoever he deals with."

It's nonsensical and lacks any evidence whatsoever.

I'm actually surprised that nobody has said...

"All this over a dime bag of marijuana. If it was legalized this wouldn't have happened."

Is AOL service down in Fondren right now or what?

2016 Hottest Reporter Poll

Suscribe to latest on JJ.

Recent Comments

Search Jackson Jambalaya

Subscribe to JJ's Youtube channel

Who is the hottest reporter?

Archives

Who is the Hottest Reporter in Jackson?

Trollfest '09

Trollfest '07 was such a success that Jackson Jambalaya will once again host Trollfest '09. Catch this great event which will leave NE Jackson & Fondren in flames. Othor Cain and his band, The Black Power Structure headline the night while Sonjay Poontang returns for an encore performance. Former Frank Melton bodyguard Marcus Wright makes his premier appearance at Trollfest singing "I'm a Sweet Transvestite" from "The Rocky Horror Picture Show." Kamikaze will sing his new hit, “How I sold out to da Man.” Robbie Bell again performs: “Mamas, don't let your babies grow up to be Bells” and “Any friend of Ed Peters is a friend of mine”. After the show, Ms. Bell will autograph copies of her mug shot photos. In a salute to “Dancing with the Stars”, Ms. Bell and Hinds County District Attorney Robert Smith will dance the Wango Tango.

Wrestling returns, except this time it will be a Battle Royal with Othor Cain, Ben Allen, Kim Wade, Haley Fisackerly, Alan Lange, and “Big Cat” Donna Ladd all in the ring at the same time. The Battle Royal will be in a steel cage, no time limit, no referee, and the losers must leave town. Marshand Crisler will be the honorary referee (as it gives him a title without actually having to do anything).


Meet KIM Waaaaaade at the Entergy Tent. For five pesos, Kim will sell you a chance to win a deed to a crack house on Ridgeway Street stuffed in the Howard Industries pinata. Don't worry if the pinata is beaten to shreds, as Mr. Wade has Jose, Emmanuel, and Carlos, all illegal immigrants, available as replacements for the it. Upon leaving the Entergy tent, fig leaves will be available in case Entergy literally takes everything you have as part of its Trollfest ticket price adjustment charge.

Donna Ladd of The Jackson Free Press will give several classes on learning how to write. Smearing, writing without factchecking, and reporting only one side of a story will be covered. A donation to pay their taxes will be accepted and she will be signing copies of their former federal tax liens. Ms. Ladd will give a dramatic reading of her two award-winning essays (They received The Jackson Free Press "Best Of" awards.) "Why everything is always about me" and "Why I cover murders better than anyone else in Jackson".

In the spirit of helping those who are less fortunate, Trollfest '09 adopts a cause for which a portion of the proceeds and donations will be donated: Keeping Frank Melton in his home. The “Keep Frank Melton From Being Homeless” booth will sell chances for five dollars to pin the tail on the jackass. John Reeves has graciously volunteered to be the jackass for this honorable excursion into saving Frank's ass. What's an ass between two friends after all? If Mr. Reeves is unable to um, perform, Speaker Billy McCoy has also volunteered as when the word “jackass” was mentioned he immediately ran as fast as he could to sign up.


In order to help clean up the legal profession, Adam Kilgore of the Mississippi Bar will be giving away free, round-trip plane tickets to the North Pole where they keep their bar complaint forms (which are NOT available online). If you don't want to go to the North Pole, you can enjoy Brant Brantley's (of the Mississippi Commission on Judicial Performance) free guided tours of the quicksand field over by High Street where all complaints against judges disappear. If for some reason you are unable to control yourself, never fear; Judge Houston Patton will operate his jail where no lawyers are needed or allowed as you just sit there for minutes... hours.... months...years until he decides he is tired of you sitting in his jail. Do not think Judge Patton is a bad judge however as he plans to serve free Mad Dog 20/20 to all inmates.

Trollfest '09 is a pet-friendly event as well. Feel free to bring your dog with you and do not worry if your pet gets hungry, as employees of the Jackson Zoo will be on hand to provide some of their animals as food when it gets to be feeding time for your little loved one.

Relax at the Fox News Tent. Since there are only three blonde reporters in Jackson (being blonde is a requirement for working at Fox News), Megan and Kathryn from WAPT and Wendy from WLBT will be on loan to Fox. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both and a torn-up Obama yard sign will entitle you to free drinks served by Megan, Wendy, and Kathryn. Get your tickets now. Since this is an event for trolls, no ID is required. Just bring the hate. Bring the family, Trollfest '09 is for EVERYONE!!!

This is definitely a Beaver production.


Note: Security provided by INS.

Trollfest '07

Jackson Jambalaya is the home of Trollfest '07. Catch this great event which promises to leave NE Jackson & Fondren in flames. Sonjay Poontang and his band headline the night with a special steel cage, no time limit "loser must leave town" bout between Alan Lange and "Big Cat"Donna Ladd following afterwards. Kamikaze will perform his new song F*** Bush, he's still a _____. Did I mention there was no referee? Dr. Heddy Matthias and Lori Gregory will face off in the undercard dueling with dangling participles and other um, devices. Robbie Bell will perform Her two latest songs: My Best Friends are in the Media and Mama's, Don't Let Your Babies Grow up to be George Bell. Sid Salter of The Clarion-Ledger will host "Pin the Tail on the Trial Lawyer", sponsored by State Farm.

There will be a hugging booth where in exchange for your young son, Frank Melton will give you a loooong hug. Trollfest will have a dunking booth where Muhammed the terrorist will curse you to Allah as you try to hit a target that will drop him into a vat of pig grease. However, in the true spirit of Separate But Equal, Don Imus and someone from NE Jackson will also sit in the dunking booth for an equal amount of time. Tom Head will give a reading for two hours on why he can't figure out who the hell he is. Cliff Cargill will give lessons with his .80 caliber desert eagle, using Frank Melton photos as targets. Tackleberry will be on hand for an autograph session. KIM Waaaaaade will be passing out free titles and deeds to crackhouses formerly owned by The Wood Street Players.

If you get tired come relax at the Fox News Tent. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both will entitle you to free drinks.Get your tickets now. Since this is an event for trolls, no ID is required, just bring the hate. Bring the family, Trollfest '07 is for EVERYONE!!!

This is definitely a Beaver production.

Note: Security provided by INS
.