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Don Edward Ford, initially charged in the 2005 death of Kintae Omar James, pleaded guilty Tuesday to a misdemeanor and was sentenced to two years'
probation.
Ford, 78, pleaded to criminally negligent homicide before Russell County Circuit Court Judge Albert Johnson in a deal brokered between prosecutors and
defense attorneys. As part of the agreement, he will pay $6,782 in restitution to James' family.
"It's a compromise," said attorney Ken White, who represents Ford. "There were a lot of legal problems that the prosecution had. I think that with this
type of offer that it's tough for Don Ford to refuse it."
Ford was charged with murder and indicted on misdemeanor counts of false reporting and tampering with evidence. Those were dropped when he pleaded to
the misdemeanor negligent homicide of the 27-year-old.
Ford faced 10 to 99 years or life in prison if convicted of murder.
Authorities said James entered Don's Fine Foods, at 2206 Fourth Ave., on March 8, 2005, and put a snack on the counter. When Ford opened the cash
register, James reached in to get the money and Ford shot him once in the chest. After the unarmed James left the store, Ford shot at him again but
missed.
A surveillance video, which has no audio, shows Ford grabbed James' wrist as James reached into the cash register, but the video gets blurry after that.
Police found James lying near the road around the corner of the building. James died on the way to The Medical Center in Columbus.
"I have no comment," said a teary-eyed woman who sat with supporters of James during the hearing. "I just don't think justice was served."
Prosecutors and defense attorneys had been working toward a possible resolution for more than three years, White said. Both sides had agreed to postpone
a possible trial because witnesses for the prosecution were serving in Iraq.
Johnson, however, had set the trial for early fall and told prosecutors to have their witnesses ready by then, White said.
Attorneys reached an informal agreement Friday, putting it on paper Monday afternoon. Ford's plea then went forward Tuesday.
Ford made bond on the murder charge shortly after his arrest and attorney Frank Martin, lead attorney on the case, argued at a March 2005 hearing that
the case should be dismissed, saying a merchant was defending his business and his life. The case, however, proceeded to a Russell County grand jury,
which returned in August 2005 indictments on murder and two misdemeanor charges.
Ford remained free on $30,000 bond and was struck in the hip during a Dec. 24, 2005, robbery at his store. He stood Tuesday before Johnson with the aid
of a walker.
Ford gave up his business and home in early 2006 and moved to Columbus.
White said Ford still faces a wrongful death civil suit from James' death. Ford is represented by a Montgomery-based attorney with State Farm Insurance
for the civil suit, White said.
District Attorney Kenneth Davis wasn't able to attend the Tuesday hearing, though Assistant District Attorney Jamie Graham spoke with Davis afterward.
"We did this in the interest of justice," Graham said of the plea. |
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