Alleged triggerman in slaying of Daytona Beach man faces murder trial this month; accomplice gets life sentence
VolusiaNews.net / courts
DAYTONA BEACH -- It's one down and one to go in the prosecution of two men in the Nov. 27, 2009, attempted robbery and gunshot-slaying of 34-year-old James Tolbert outside his Daytona Beach apartment.
Even though 23-year-old Shane Burns of Homerville, Ga., denied being the shooter at trial two months ago, but the prosecution maintained his mere presence and active participation in the attempted robbery that led to the shooting was enough to find him guilty of first-degree felony murder in Tolbert's death.
Certainly the jury didn't buy Burns' argument in taking a mere 20 minutes of deliberation after the day-and-a-half trial before finding him guilty of the main murder charge as well as attempted robbery with a firearm.
A week ago, prosecutors Celeste Gagne and Ed Davis asked Circuit Judge R. Michael Hutcheson to put Burns behind bars for life and the judge did just that.
That paves the way for the prosecutors to go after the alleged triggerman, 24-year-old Montario Royals, who is scheduled to go on trial May 16. At the time of the killing, Royals was a U.S. Marine stationed at Camp LeJune, N.C.
|Shane Burns murder indictment.pdf||160.91 KB|
|Shane Burns arrest report.pdf||334.22 KB|
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