First Brickhouse shooter sentenced
By Kat Russell, Reporter
The Paducah Sun
DATE
http://www.paducahsun.com/first-brickhouse-shooter-sentenced/article_32078bce-bcbf-555b-94fb-3453f7157252.html
"A man is dead who didn't have to be dead. It's just a waste," said McCracken Judge Tim Kaltenbach Friday as he sentenced Denzell Powell to 10 years in prison.
Powell, 23, was one of three men accused in last year's fatal shootout at the Brickhouse, a nightclub on Boyd Street near Lower Town, that resulted in the death of a bystander, 46-year-old Gary Johnson.
Initially charged with murder, Powell pleaded guilty in April to an amended charge of second-degree manslaughter, as well as three counts each of first-degree wanton endangerment and first-degree criminal mischief.
The commonwealth recommended a 10-year sentence on the first count and three years each for the other charges, all to run concurrently for a total of 10 years.
Powell was the first of the three defendants to plead guilty in Johnson's death.
As part of his agreement with the commonwealth, Powell was required to testify truthfully against the other two defendants, Christopher Smith and Tracell Nunn.
Smith, 34, and Nunn, 27, were also charged with murder in Johnson's death. Each additionally faced charges of attempted murder and convicted felon in possession of a handgun, and Nunn was charged with persistent felony offender.
The attempted murder charges stem from Smith and Nunn shooting at Powell with the intent to kill him, according to the McCracken grand jury indictment.
Nunn's case went to trial in May and he was convicted on all counts. A jury recommended he serve 20 years in prison.
After Nunn's conviction, Smith pleaded guilty to amended charges of second-degree manslaughter, attempted murder and convicted felon in possession of a handgun. The commonwealth recommended Smith serve 10 years each on the manslaughter and attempted murder charges and five years for the handgun charge, all to run consecutively for a total of 25 years in prison.
Both Nunn and Smith are still waiting to be formally sentenced.
Following the hearing, Powell's attorney, Brandi Jones, said her client is required to serve 20 percent — or two years — of his sentence before he would be eligible for parole, and he already has about 14 months credit for time served.
"I think he's relieved that this is all behind him now and he can look forward to the possibility of his release in the future," she said. "I believe ... he's very remorseful for what happened that night on April 16, 2016. I think if he had the ability to change the circumstances and the situations, he would do so."
As terrible as this experience was, Jones said she believes her client has learned from his mistakes.
"I believe that this was a wake-up call for him," she said. "This was his first felony charge, a man was killed and he feels remorse for that, and he has children that I know he's eager to get back to."
Powell, 23, was one of three men accused in last year's fatal shootout at the Brickhouse, a nightclub on Boyd Street near Lower Town, that resulted in the death of a bystander, 46-year-old Gary Johnson.
Initially charged with murder, Powell pleaded guilty in April to an amended charge of second-degree manslaughter, as well as three counts each of first-degree wanton endangerment and first-degree criminal mischief.
The commonwealth recommended a 10-year sentence on the first count and three years each for the other charges, all to run concurrently for a total of 10 years.
Powell was the first of the three defendants to plead guilty in Johnson's death.
As part of his agreement with the commonwealth, Powell was required to testify truthfully against the other two defendants, Christopher Smith and Tracell Nunn.
Smith, 34, and Nunn, 27, were also charged with murder in Johnson's death. Each additionally faced charges of attempted murder and convicted felon in possession of a handgun, and Nunn was charged with persistent felony offender.
The attempted murder charges stem from Smith and Nunn shooting at Powell with the intent to kill him, according to the McCracken grand jury indictment.
Nunn's case went to trial in May and he was convicted on all counts. A jury recommended he serve 20 years in prison.
After Nunn's conviction, Smith pleaded guilty to amended charges of second-degree manslaughter, attempted murder and convicted felon in possession of a handgun. The commonwealth recommended Smith serve 10 years each on the manslaughter and attempted murder charges and five years for the handgun charge, all to run consecutively for a total of 25 years in prison.
Both Nunn and Smith are still waiting to be formally sentenced.
Following the hearing, Powell's attorney, Brandi Jones, said her client is required to serve 20 percent — or two years — of his sentence before he would be eligible for parole, and he already has about 14 months credit for time served.
"I think he's relieved that this is all behind him now and he can look forward to the possibility of his release in the future," she said. "I believe ... he's very remorseful for what happened that night on April 16, 2016. I think if he had the ability to change the circumstances and the situations, he would do so."
As terrible as this experience was, Jones said she believes her client has learned from his mistakes.
"I believe that this was a wake-up call for him," she said. "This was his first felony charge, a man was killed and he feels remorse for that, and he has children that I know he's eager to get back to."
