COLUMBUS (WCMH) — It is up to a Franklin County jury to decide the fate of a man accused of shooting a seven-year-old boy to death.
Prosecutors say Marctarious Grace, 19, unloaded his pistol into a car containing three children and a teen in March of 2016 as a gang retaliation.
Investigators said eleven shots were fired into the Chevy Impala parked at the Express Market, hitting De’Ontae Fisher in the head and killing him. His little sister and brother were hit with bullet fragments and flying glass. A teen was also shot in the back, by a shooter who investigators said hide by the building corner, firing off round after round.
”He is circling the block, the Impala is parked the whole time. This was an ambush, it is not spur of the moment,” said Assistant Franklin County Prosecutor Liz Garrety.
Grace was arrested an hour after the shooting with a handgun beside him and gunshot residue on his hands.
”Never found the gun related to this shooting. You saw lots of pictures of the gun in the car that Mr. Grace was arrested in, but it is not the gun from this shooting,” said his Defense Attorney Karen Phipps.
There was also a witness inside the car who prosecution says fingered Grace.
”He knows who it was and he pointed at that man and told you, he shot at that car with him and those three children in it,” said Garrety.
But Grace’s defense team said investigators jumped to conclusions.
”Seems to me that once they narrowed in on Grace that is all they cared about,” said Phipps.
The prosecutor said Grace’s jailhouse phone calls are incriminating.
”I’m going to tell them the whole exact reason why I did it. This is the third time he says why I did it. I’m going to tell them he killed my friend’s sister for nothing,” said Jason Manning, Assistant Prosecutor.
Judge Michael Holbrook spent an hour going over jury instructions, before sending the jury to deliberate just after noon.