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.
Monday, June 26, 2017
He said he was going to "off" the kid.
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37 comments:
Good!
Who be they lawyers?
The Grand Jury should never meet!
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.
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 ?
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.
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!
"My son didn't kill that baby!"
Well, Mr. McBride, your son said he did it.
Wakefield was smart enough to hire Fortner.
I imagine Fortner volunteers for capital murder cases...
"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.
Points to Wakefield for being rep'ed by Fortner. If Guest secures any conviction against Wakefield, consider it hard earned.
If Guest secures any conviction against Wakefield, consider it hard earned.
You're aware this case will be tried in Madison County, right?
Any news, yet, as to WHY the killer felt the need to "off" the kid?
@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.
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.
"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?
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.
Tom Fortner could practice law better in his sleep than Warren Martin ever has in his life
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!
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.
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
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.
@ 9:24 Take your tin foil hat off. Your theory is absurd.
I've heard family members are looking for an attorney - I assume to sue Kroger.
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!
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.
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?
@ June 27, 2017 at 10:12 AM
How is Anon @ 9:24am theory absurd? Please explain fallacies?
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?
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.
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.
@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
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.
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).
@ 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.
"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?
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