Marvin Fallins
Judge Barry Steelman has sentenced Marvin Fallins to serve 11 years in prison on a conviction for people a felon in possession of a firearm.
The case involved the slaying of Frank Usher in March 2021. A Criminal Court jury deadlocked on a second-degree murder charge against Fallins after 15 hours of deliberation.
However, the panel came back within 10 minutes on the gun charge, which carried up to 12 years. n.
After the verdict, the judge revoked his bonds and ordered him into custody finding that he posed a danger to the community.
Fallins was initially charged with criminal homicide. Police at the time said Fallins admitted to shooting him.
Police had responded to a shot person report on East 48th Street and located the victim, who had been shot in the neck. He was pronounced deceased after being transported to Erlanger Hospital. Police began to review video footage from the Chattanooga Housing Authority and from the area.
Police said one camera showed the victim entering the back door of the residence, and Fallins, who was 51 at the time, also entering through the same door. This video showed Usher exiting through the front door while also holding his neck. He was seen running around the side of the building and toward the street where he collapsed on the ground.
Police said Fallins could be viewed exiting the front door with a witness, and that the two could be seen standing next to the victim. The witness grabbed a firearm away from Fallins, and then Fallins left the area and walked to a residence on East 49th Street.
Later that day, police interviewed Fallins, and they said he admitted to the shooting. The witness also corroborated that story.
After hearing the proof, Judge Steelman found there was not enough proof of premeditation for a first-degree murder conviction.
Fallins did not testify, but his defense claimed that the victim had a gun and was reaching for it in his waistband when he was shot.
The victim’s mother said she is hopeful that the state will retry Fallins on the murder charge.
She said Frank Usher “was the father of five kids and they all miss him so bad.”
This article was originally published by a www.chattanoogan.com . Read the Original article here. .