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Man Convicted in Murder of Accomplice Killed by Victim
   posted 10:28 pm Thu May 15, 2008 - Tuscaloosa
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In an unusual legal twist, the alleged ringleader in a convenience store robbery was convicted of murder and sentenced to 35 years in prison for the death of his accomplice - who was killed by the store clerk.

District Attorney Tommy Smith said Thursday the case apparently was the first of its kind in Alabama, and he had no problem sending Jamie Witherspoon to prison for the shooting death of his accomplice by the clerk.

"Witherspoon was the main guy of the group. He recruited the guy who was killed," said Smith. "It holds the defendant responsible for what he caused."

Witherspoon, 25, of Tuscaloosa, and a friend, Eric Baggett, held up a Raceway convenience store in Tuscaloosa in 2005, and the clerk fatally shot Baggett during the holdup. The clerk, who has not been named publicly, held Witherspoon at gunpoint until police arrived.

A grand jury cleared the clerk of wrongdoing and authorities charged Witherspoon with murder in Baggett's death. Jurors convicted Witherspoon of murder in March, rejecting defense claims that Alabama's murder law was being misapplied.

Deputy District Attorney John Russo asked Circuit Judge Scott Donaldson to sentence Witherspoon to 60 years during a sentencing hearing Wednesday, and Donaldson imposed the 35-year term.

Kenia Baggett, Eric Baggett's younger sister, supported the longer sentence.

"My brother Eric was a person, and he didn't deserve for this to happen," she said.

Witherspoon's mother spoke on behalf of her son.

"My heart goes out to Ms. Baggett and to his mother," said Vonda Witherspoon. "But Eric was there just like Jamie was there. I think Jamie should be given a chance. He can do better, make his life better."

Witherspoon told the judge he has had anger management courses, alcohol and drug counseling, character and GED classes since he has been in jail.

"I've been trying to change my life since I got locked up," he said. "I'm sorry for what happened, for me being involved. That's not going to bring Eric back. I don't think I should be sentenced to 60 years."

Smith said the case could have far-reaching effects.

"It gives law enforcement one more bit of ammunition in the fight against violent crimes and the people who want to commit robberies or other violent offenses with guns," he said.


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