First defendant in fatal drive-by shooting of Mobile 9-year-old set for trial Tuesday

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First defendant in fatal drive-by shooting of Mobile 9-year-old set for trial Tuesday
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This week, the first of five defendants charged in the death of a 9-year-old Mobile girl is set to go on trial for capital murder. Prosecutors are not seeking the death penalty against Darius Janoski Lucky Jr.

in her death is set to go on trial for capital murder. Prosecutors are not seeking the death penalty, which means Darius Janoski Lucky Jr. faces an automatic sentence of life in prison without possibility of parole if the jury finds him guilty of the top offense.

Prosecutors allege that the 20-year-old Mobile man was one of at least two men who fired shots into the house. “This is, obviously, just a tragic and horrific case,” said Mobile County District Attorney Keith Blackwood, who personally will try the case. “So we are seeking, aside from the death penalty, the maximum punishment that can be imposed.”at a hearing shortly after Lucky’s arrest that five people went to Cailee’s home on Dec. 5, 2023, seeking retribution for her older brother’s theft of co-defendant Tyrone Williams’ gun the prior week. Blackwood said that decision has to do with the legal difficulties of seeking death in a case where the victim was not the intended target. The legal concept is known as “transferred intent,” when someone intends to kill one person but kills another instead.“There were some circumstances and factors that led us to this decision under the law,” he said. One of Lucky’s lawyers, Jason Darley, declined to discuss the evidence. But he hinted at how the defense team intends to approach the trial. “Obviously, before the trial starts, we can’t really get into this too much,” he said. “But, you know, they’re relying on co-defendants, largely. And you know, what are the co-defendants getting out of it?”Milton woman arrested on felony charges including child pornography, sexual contact with animalGSPD: 109 arrested after police bust spring break house party in Gulf ShoresBaldwin County attraction gets enhancement grant

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