Freeman

• Jury to decide today (Thursday) in first-degree murder trial after defendant described as attacker -- even by defense witnesses – in killing of Andrew Brown.

By BOB HIGH
Staff Writer

Two defense witnesses turned the tables on Wendell Freeman Wednesday afternoon as both told a jury it was Freeman who was the aggressor in the single-shot killing of Andrew Brown in 2004.

Tony Wilson of Cerro Gordo and Gerald Prince “Blue” Troy of Whiteville said Freeman went to where Brown was standing beside a power pole and some words were exchanged.

“Wendell pushed him first, then Andy swung at him,” Troy declared. Freeman produced a pistol and fired one shot, he added.

Wilson’s memory was refreshed by details from a statement he gave police, and he confirmed his initial information. “The guy hit first, then Brown hit back. All of a sudden the guy had a pistol and fired at his head.”

Both witnesses said Brown declared before he was shot, “You’re not going to do that to me.”

Deliberation today

The jury will begin deliberation today (Thursday) in the first-degree murder case following arguments by defense attorney Scott Dorman and Lee Bollinger, assistant district attorney, and a charge by Judge Gregory Weeks.

Wilson and Troy were walking away from the intersection of Virgil Street and Martin Luther King Jr. Avenue at 12:33 a.m. when they testified they saw the shooting.

Wilson said the aggressor – whom he learned later was Freeman – shot from a distance of less than three feet. One shot was fired. Brown died two days later from a .380-caliber shot that entered above his right eye.

Both defense witnesses said Brown had no weapon at the time he was attacked. Dorman’s opening statement to the jury suggested there would be defense witnesses saying Freeman shot the 42-year-old victim in self-defense.

The state’s first witness, Jettie Freeman of Whiteville, took the stand Tuesday afternoon. She said she and her sister, Della, were in a green van being driven by Freeman.

Gathering place

The defendant drove to the intersection one block west of the U.S. 701 Bypass here and parked on Virgil Street. Freeman spent 10 to 15 minutes talking to a man at “The Tree,” a large tree used as a gathering place near the southeast corner of Virgil Street and Martin Luther King Jr. Avenue.

The witness said Wendell Freeman began to back the van and yelled to a man behind the vehicle to move. Freeman was backing slowly, and nothing appeared wrong to her, she said.

Wendell Freeman drove north on Martin Luther King Jr. Avenue, and traveled about a block. All of a sudden, he made a U-turn and he went back to the intersection.

The defendant didn’t say anything to her and the return was for an unknown reason, she said. Wendell Freeman stopped the van and got out, and left the engine running.

Wendell Freeman walked to the rear of the van, and Jettie Freeman said she heard a shot. Wendell came back to the van and drove away, headed south on Martin Luther King Jr. Avenue.

‘Don’t tell on me.’

“Don’t tell on me. I just shot a man,” she said the defendant told her.

The van turned left on Walter Street, and then stopped at the end of the street where a pedestrian tunnel leads under the bypass overhead bridge at the railroad.

Wendell Freeman got out, and Jettie said she didn’t see him again for more than a year.

Dorian Tramaine Carmichael, 27, of Whiteville, was the second witness. He said he saw Freeman arrive at the intersection, get out and approach him.

Carmichael said Freeman asked about a girl, and Carmichael told the defendant she was playing cards. They talked from 10 to 20 minutes, he estimated.

The witness said he saw Brown – who lived here and in Clarkton -- by a light pole behind where the van was parked. Freeman asked Carmichael to get Brown to move. Freeman said something to Brown, and drove away.

‘I saw him shoot him.’

Carmichael said he saw the van return, Freeman get out and there was an exchange of words between Freeman and Brown before Brown was shot. “I saw him shoot him,” the witness said, before clarifying the first “him” was Freeman.

Carmichael’s testimony began to differ from a statement he gave police in 2004. Prosecutor Bollinger asked if he had talked to anyone about the case since being interviewed in the district attorney’s office a few days ago.

Carmichael answered in the affirmative, and said he spoke to defense attorney Dorman Monday night. Carmichael said he misunderstood some of Dorman’s questions and terms used in questions during his testimony, both from Bollinger and Dorman.

Bollinger asked, “Did you see Wendell Freeman shoot Andrew Brown?”

“Well, yeah when you ask a question that way,” Carmichael answered.

Dr. William Kelly, a state pathologist, testified the bullet entered Brown’s head above the right eye, an inch from the middle of his brow. He noted the autopsy showed there was no alcohol in Brown’s blood.

Casing found

Whiteville Police Sgt. Andre Jackson, a nine-year veteran with the department, said he was alerted to the shooting at 12:33 a.m., and was “there in a minute.”

Jackson said a casing from a .380-caliber bullet was found in the grass two feet from the curbing.
Jackson also showed the jury a “wanted” poster he devised for Freeman when the defendant couldn’t be found.

The officer was not allowed to tell the jury that Freeman was on parole from prison at the time of the shooting. Freeman’s probation in a 1997 knife assault was revoked in 2002 after four hearings over a period of four years.

He was sent to prison for a minimum of 29 months, and paroled on July 16, 2004 – 31 days before Brown died of his wound.

Jackson was not allowed to tell the jury that following Freeman’s arrest in August 2005 – almost a full year since the killing – that his parole was revoked and he returned to prison.

List of dates

Freeman was released from prison at the end of his assault term in May 2006, and held by local authorities without bond until the trial.

SBI Agent Mac Warner showed the jury a lengthy list of dates officers had been to Freeman’s Hallsboro residence in an attempt to locate him from August 2004 through February 2005.

The state used the information to show Freeman “was fleeing and his absence for a year was an indication he was fleeing prosecution, and this action was not consistent for a person believing he acted in self defense,” Bollinger announced.

Warner was not allowed to let the jury know the list of dates shown them was compiled by the state’s probation-parole division as they sought to arrest Freeman to be returned to prison.

Sheriff’s Detective Sgt. Jeff Nealey testified he and another detective were tipped in August 2005 that Freeman was in Hallsboro, hiding in the home of one of his sisters.

Tries to flee

Nealey said they went to a mobile home southeast of Hallsboro, and spoke to a woman at the front door who denied Freeman was there. While speaking to the woman, Nealey heard a deputy holler in the backyard that Freeman was trying to run.

Nealey returned to the front door, but this time the knock wasn’t answered. Several more law enforcement officers gathered. A woman arrived at the scene, made a cell phone call to the home, and eventually Freeman surrendered.

Wendell Freeman was taken to Columbus Regional Healthcare by rescue workers this morning (Thursday) at 9 a.m. after Freeman fell down the long flight of courthouse stairs leading to the rear of the courtrooms.

The extent of injuries was not known at press time, nor if the fall was connected with a “panic attack” Freeman suffered in the courtroom Wednesday afternoon.

Freeman's panic attack
delays trial Wednesday

Wendell Freeman had what was described as a panic attack Wednesday after the state closed testimony in his first-degree murder trial here.

As the trial opened for the 2:30 p.m. session, Freeman was reported as having chest pains in his holding cell behind the Superior Courtroom.

A male nurse from the jail was summoned, and at 2:55 p.m. the nurse told Judge Gregory Weeks it appeared Freeman was worried, and it appears to be a panic attack.

Asked if Freeman needed to be taken to the hospital, the nurse replied, Not right now.

Freeman was brought to the courtroom and his first defense witness was sworn at 3:06 p.m. Before the witness could be asked the first question, Freeman told defense attorney Scott Dorman his pain was getting worse.

The jury was sent out, and Freeman was returned to his cell for another check by the nurse. At 3:30 p.m., the nurse returned to the courtroom and told Weeks Freeman's pain had been eased by medication.

Freeman was brought back to court, and he told Weeks he felt much better. The trial resumed. (Bob High)