TOLEDO, Ohio — The trial of two Toledo men accused of killing 3-year-old Malachi Barnes entered its fourth day Thursday.
K'veon Giles and Matthew Smith are charged with murder in the incident that took place on Thanksgiving night 2018.
Police say a car pulled up next to Anthony Barnes' vehicle that had three children inside and opened fire. His son, Malachi, was shot in the head.
The state's key witness, Andre White, took the stand on Thursday.
White also was charged in the case and pleaded guilty to charges of complicity to involuntary manslaughter and complicity to felonious assault. White couldn't be sentenced until he testified.
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Here are Thursday's key takeaways:
- Key witness Andre White said he was with Giles and Smith the night of the drive-by shooting.
- They tried to get a hotel room at the America’s Best where Anthony Barnes was celebrating the holiday with his family.
- White said that night, Smith mentioned seeing an "OP," meaning someone he had a problem with. White claimed that Smith and Giles discussed in the car that they wanted to kill the "OP."
- White described following Barnes' vehicle onto the freeway before pulling up next to him, with Smith and Giles opening fire. White said he had a gun but he didn’t fire it.
- White read a note to the courtroom that was sent to him in jail. He was told it had been written by Giles. In the note, Giles allegedly told him to stay quiet otherwise they’d go to prison. The defense questioned the note's authenticity. However, ultimately it was left up to the jury to decide for themselves.
- Smith's defense claimed that White also had been convicted in a Detroit homicide.
Here is an in-depth look at how Thursday's proceedings played out:
THURSDAY'S WITNESSES
KEY WITNESS — ANDRE WHITE
White's highly-anticipated testimony finally came to fruition on Thursday.
He told jurors that he received a letter from a man named Kenneth Alison, which allegedly was written by Giles. White admitted that he wouldn't be able to recognize Giles' handwriting, so he can't say for sure Alison actually got that note from him. However, White said the language used in the first part of the letter leads him to believe the letter is authentic.
The letter read, in part:
"Your statement will sink us. Keep it solid."
When questioned by Giles' attorney, it became clear that others in the jail knew the details mentioned in the letter, and that nothing in the note is specifically tied to the case.
However, later on, White said that not many people knew about his case. He claimed that he got the note his first or second week there.
Giles' attorney claimed the letter was generic and lacking "sufficient authentication." However, the state argued that it should be up to the jury to decide who actually wrote the letter. The judge sided with the state, saying that since White indicated that he believed the letter was from Giles, a sufficient foundation had been laid.
With the dispute over the letter's relevance laid to rest, the defense moved on to White's relationship with the two defendants.
White said he's known Smith for a year or two and was introduced by a mutual friend. He said they would party and hang out together.
White said he didn't know Giles until Thanksgiving 2018.
He testified that he was working in Detroit until 4:30 p.m. that night. His friend Devonte Lang told him they were going to a party in Ohio before he was picked up by Smith in a white Chevy HHR. White said that Smith and Lang were best friends.
White claimed they tried to get a room at America's Best hotel, but were denied because they were under 21 years old.
This is when, White said, Smith mentioned seeing an "OP," meaning he saw someone he had a problem with. According to White, Smith and Giles discussed in the car that they wanted to kill the "OP."
White later identified the "OP" as Ivory Carter. He said he didn't know him prior to Nov. 22, 2018.
White claimed that he didn't say anything in the car while Smith and Giles were having that debate. They were circling around the hotel. Eventually, White said, the two decided it was too risky to do at the hotel.
White then described following Barnes' Ford 500 on the freeway. According to him, Lang was the driver, Smith was the passenger; he was behind Lang and Giles was in the middle. White said there were six people total in the car and everyone had guns; Smith with a 40-caliber Glock and Giles with a a 9 mm Beretta. White testified that he never shot his gun at Barnes' vehicle.
"I didn't have a need to shoot my gun that night," he said.
White claimed he didn't tell police about the shooting because he didn't want to get involved. However, he later said that he eventually brought it up to police because he wanted them to know the truth. A few months later, he found out he had been indicted for murder.
White originally had been charged with aggravated murder and other charges, but pleaded guilty to lesser charges of complicity to involuntary manslaughter and complicity to felonious assault in a deal for his testimony.
While Smith's attorney questioned White, it came out that he had been convicted in a Detroit homicide. However, White said he didn't do anything, despite entering a guilty plea in the Michigan case.
At one point, Smith's attorney asked, "Why should we be believe you?"
White responded, "Because it's the truth."
White admitted that he does own a 40-caliber Glock, but claimed he didn't have it on him the night of the shooting. He said he didn't tell the state he had one at home because he didn't think it was relevant.
White did admit, however, that by being there for the crime, but not saying anything, made him complicit.
TOLEDO POLICE — RETIRED CSI DETECTIVE
After Wednesday's questioning from the prosecution, retired TPD detective with the CSI unit, Scott Smith, took the stand again Thursday for cross-examination.
When asked by Giles' attorney if he had ever caught one of his own mistakes, Smith replied, "No."
On Wednesday, Smith claimed that prints found on the suspected vehicle were identified as Giles'. However, he later admitted that he couldn't say exactly when prints were placed.
The detective explained Thursday that the computer identifies a print as a good match to a number of candidates in the database. The computer's job is to mark similarities, not differences. Smith acknowledged that he didn't get prints from Giles while he was in custody. And, the expert only provided Smith with one set of prints.
CELLULAR RECORD ANALYSIS EXPERT
An expert in cellular record analysis took the stand on Thursday.
They looked at four different phones suspected to be involved in the case.
This story will be continually updated as the trial continues. Check back with WTOL for the latest updates.