I-64 shootout case in jury's hands

CHESAPEAKE, Va. (WAVY) - The fate of two men accused in a deadly interstate shootout and kidnapping is now in the hands of a jury.

The jury deliberated for about 45 minutes on Friday before being released for the weekend.

Both the defense and the prosecution rested their cases early Friday.

Dedrion Short and Willie Simmons face first-degree murder and kidnapping charges for the murder of Tione Vincent. Vincent was killed sometime during a chase with police in June of 2009.

The defense attorney for Willie Simmons presented his case last week and requested a mis-trial regarding facts brought forth by a key witness.

That key witness, Marvin Brothers, took the stand and testified he saw the kidnapping of Tione Vincent. Brothers testified he was only a short distance from the van when he saw White and another man force Vincent into the vehicle.

Brothers testified the other man was Dedrion Short, but in court, when asked to identify the man he saw kidnap Vincent he pointed to Simmons.

That's when Simmons' attorney requested a mis-trial.

During prosecution last week, Officer Sean Fleming testified against Dedrion Short and Willie Simmons.

Prosecutors said Short, Simmons and another man, Christopher White, abducted, then killed Tione Vincent. Vincent was shot seven times with a rifle.

Attorneys for Simmons and Short questioned witnesses throughout the trial, attempting to distance their clients from the murder and kidnapping of Vincent, and the wounding of off-duty police officer Sean Fleming.

Fleming testified that he faced-down Christopher White, who was armed with an AK-47 and knew right away he was "outgunned." Fleming shot and killed White during the shootout.

Police found Tione Vincent dead inside the van White arrived in. Fleming said moments later he felt the sensation of bullets in his arm and left side. White had shot Fleming multiple times.

"It was a feeling of pressure and heat. I suppose my adrenaline was so high I didn't feel the pain," he said. Much later he told the court he realized he had really been hit and needed a medic. Arresting officers and forensic technicians rounded out the day's testimony.

According to defense attorneys, the capital murder charge each man was facing in connection with Vincent's death were dropped last Thursday morning. Short and Simmons still face first-degree murder and kidnapping charges.

If convicted, both men could face life behind bars.