By Marcia Moore
The Daily Item
May 30, 2009 08:44 am
—
MIDDLEBURG -- Steven M. Rodriguez was shot dead in his apartment May 11 after he stole marijuana from one of the three men accused of killing him, a friend and witness to the shooting testified Friday at a preliminary hearing.
Jordy Lusk, 19, said he saw his "best friend" Rodriguez, 19, killed in the bedroom of a second-floor apartment at 2078 N. Susquehanna Trail, Selinsgrove, which he attributed to a decision by Timothy Torres and Rodriguez to steal marijuana -- 1 pound, worth $1,500, according to state police Trooper Wayne Ghrist -- from an acquaintance earlier in the day and smoke it.
The acquaintance, Abdul Malik Saeed Walker, 25, of Williamsport, along with David Cannie Jr., 27, of Philadelphia, and Ibrahim Musa Wells, 25, of Mill Hall, are each charged with homicide, conspiracy to commit homicide, aggravated assault, possessing instruments of a crime, burglary and criminal trespass in Rodriguez's death.
Following a 90-minute hearing Friday afternoon, District Judge Edward Mihalik Jr. ruled there was enough evidence to transfer all the charges against Cannie and Walker to Snyder County Court for trial.
Wells waived his right to a preliminary hearing on the same charges earlier in the day and also faces trial.
Represented by attorney George Lepley, of Williamsport, Wells allegedly cooperated with state police at Selinsgrove when the trio was captured within an hour of the shooting.
Lusk testified he, Rodriguez, Torres, Jeffrey Yates and Amber Barnett were "hanging out" in Rodriguez's apartment bedroom when Cannie, Walker and Wells entered uninvited and armed with weapons at about 11:30 p.m. May 11.
Man tried to hide in closet
Walker, whom Lusk recognized, entered carrying a shotgun and the two others were holding pistols.
"I said, Uh oh' and went to close the door, but Walker was already half in" the room, Lusk testified. "They told us to get on the floor and give up our cell phones. Guns were pointed at everybody."
Before the men entered the room, Torres tried to hide in a closet, but the doors wouldn't close, Lusk said.
Rodriguez sat on the bed and the remaining three got on the floor.
Cannie demanded "stuff" or money, Lusk said, and everyone but Torres spoke up and denied having it.
"We were all telling him we didn't have anything," Lusk testified. "Timmy didn't say a word because he knew they were there for him."
Lusk said it was Torres' plan to steal drugs from Walker and that Rodriguez drove him to meet with Walker.
He didn't know how much drugs were taken and said no one was using drugs in the apartment at the time of the slaying, but admitted smoking pot hours earlier.
Denying he had anything that belonged to the armed men, Rodriguez began to rise from the bed, was shot once in the chest by Cannie who then nudged him back and fired a second shot in his leg, Lusk said.
"It was like, Boom, push you, boom,'" Lusk testified.
Lusk said he believed Rodriguez was just trying to show the men something, describing his last words as, "We don't have it. Here, I'll show you."
After the shooting, the three men ran out of the room, but Cannie quickly returned to retrieve the casings from the floor, Lusk said.
Trooper: A different version
Ghrist, the Selinsgrove state police trooper, testified that Wells related a slightly different version of events that unfolded one day after Rodriguez and Torres allegedly stole 1 pound of marijuana worth $1,500 from Walker.
Cannie's attorney, Michael Dennehy, of Danville, objected to Ghrist testifying about what Wells told him.
"Mr. Wells is available. Why do we need hearsay testimony?" Dennehy asked, but Mihalik allowed District Attorney Michael Sholley to continue questioning the trooper.
Ghrist said Wells told him that he and Cannie were summoned to meet with Walker at 109 White Deer Commons, New Columbia, the afternoon of May 11.
Upset about the theft of his drugs, Walker allegedly asked the men to assist him in confronting the people who stole it.
Ghrist testified that Wells said he was willing to "rough up" people, but did not agree to kill anyone and didn't know deadly force would be used.
"I believe he said he didn't sign up for' killing," Ghrist said.
But when the men arrived at Rodriguez's apartment, Walker handed Wells a .22-caliber revolver he had in the car and all three men went inside.
Cannie was armed with a 9-mm pistol and Walker had a shotgun, Ghrist said.
"You done me wrong"
According to Wells, Ghrist said, Walker struck Rodriguez with a shotgun or his fist and told him, "You done me wrong."
Then Cannie fired a shot into Rodriguez's leg and, when he tried to stand, shot him a second time in the chest.
Northumberland County Chief Deputy Coroner James Gotlob testified that Rodriguez, who was taken to Sunbury Community Hospital, died of gunshot wounds to the chest and upper left leg.
After the shooting, as the suspects sped away in a car headed toward Lewisburg, Wells allegedly questioned why Rodriguez was shot and Cannie replied, "It's done."
Ghrist testified that Wells related that nothing else was said about the shooting during the ride.
The men were captured by police about an hour later after crashing their car near the New Columbia apartment.
Killing not part of plan
Walker's attorney, Ron Travis, of Williamsport, said there was no testimony about Walker asking his alleged accomplices to kill, only that he wanted to "rough" someone up.
Arguing that there were no signs of forced entry on the door and no evidence proving a conspiracy to commit homicide presented at the hearing, Dennehy and Travis asked that charges of conspiracy to commit homicide, burglary and criminal trespass be dismissed against both defendants.
Travis added that charges of homicide and aggravated assault also be dropped against Walker.
"There's no evidence of any conspiracy agreement to what Mr. Cannie supposedly did," Travis said. "The mere fact that (Walker) was present does not make him an accomplice."
Sholley argued that it was Walker's "scheme from the beginning" that led to Rodriguez's death.
"He provided the guns, the transportation and arranged to meet the two other defendants," the prosecutor said.
Also, the men entered the apartment without permission and with the intention of committing a crime.
After Mihalik ruled the case against both men would proceed to trial, Rodriguez's father, Anthony, of Selinsgrove, expressed relief.
"They took my son, and they owe me their lives," he said. "They deserve the death penalty."
About 30 family and friends of the victim and the defendants attended the hearing.
Lusk, like several of Rodriguez's loved ones, wore a black shirt bearing a photo of Steven and his 1-year-old son, Kaden, who was also present at the hearing with his mother, Sherry Paul, of Selinsgrove.
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