Marvin Edwin
Mitchell admitted in a videotaped interview that he and his twin brother,
Melvin, robbed the Fayetteville Ingles grocery store just before it closed
Easter Sunday last year.
Police testified
that the Mitchells' vehicle was being pursued by several marked law enforcement
vehicles with their lights and sirens activated just before the collision
that claimed the life of an innocent motorist.
The evidence
was enough for a jury to convict Marvin Mitchell Wednesday afternoon for
the death of Union City veterinarian Jason A. Trotman, even though Mitchell,
23, of Jonesboro, may not have been driving the vehicle. Mitchell was
also convicted of other charges relating to the Ingles holdup.
Mitchell was
found guilty of murder, armed robbery, possession of a firearm during
the commission of a crime and two counts each of kidnapping and false
imprisonment.
Superior Court
Judge Tommy Hankinson sentenced Mitchell to life in prison plus 25 years.
Prosecutors had asked for the maximum punishment, which would have been
life plus 65 years.
Jury selection
in the murder case against Melvin Mitchell began Thursday morning. In
addition to the murder, armed robbery and kidnapping counts, Melvin Mitchell
also faces several traffic-related charges stemming from the pursuit.
Marvin Mitchell's
attorney, Lloyd Walker, urged the jury not to consider the videotaped
confession because it violated his client's right not to incriminate himself.
But assistant district attorney Dan Hiatt argued that Mitchell signed
a form waiving those rights and Mitchell voluntarily agreed to speak with
police investigating the case.
Although Mitchell
did not intend to kill Trotman, he was charged with murder because Georgia
law allows that to happen when someone is killed while another person
is committing a felony, Hiatt told the jury in his closing argument.
"The killing
took place because of this defendant's unlawful flight to avoid prosecution
for these offenses," Hiatt said.
Trotman was
waiting for the light to turn green when his vehicle was struck on the
driver's side by the Mitchells' vehicle, Hiatt added.
Walker countered
that the wreck wouldn't have occurred if police hadn't chased the Mitchells
from the scene of the crime.
"No policeman
drove that car," Hiatt said. "No policeman made it go 80 miles
per hour. And no policeman made it drive into this man's Nissan Pathfinder."
On the tape,
Mitchell breaks down in tears immediately after he is informed that the
driver of the other vehicle in the collision who had not been identified
at the time had died.
Mitchell told
police he and his brother wanted the cash to pay bills and that he never
intended to hurt anybody.
"I needed
some money," Mitchell told police on the video.
Walker said
the tape should not be considered as evidence since it was taken about
four hours after the collision and his client was not in the right frame
of mind to waive his right not to incriminate himself.
"He was
not really coherent and was incapable of giving a voluntary statement,"
Walker said.
Several Ingles
employees testified during the trial that two masked men entered the store
with guns and ordered them to lay down on the ground. One employee said
one of the masked men leapt over a counter into an office area and demanded
money.
Police testified
that over $6,000 from the heist was found in the Mitchells' vehicle after
they ditched it. Police also found the two masks and two handguns allegedly
used in the heist.
Walker argued
in closing arguments that the state had failed to prove its case.







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