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Tucker Guilty In Stray-Bullet Killing Of 13-Year-Old

UPDATED: 6:41 pm EST November 9, 2007

Late Friday afternoon, a Duval County jury found Willie Tucker III guilty of second-degree murder in the death of 13-year-old Shenice Holmes, who was shot as she read inside her Northside apartment 18 months ago.

Because Tucker did not target Holmes, he is only charged with second-degree murder.

The jury also found Tucker guilty of three counts of attempted murder for firing at others in the parking lot of the apartment complex.

Tucker could be sentenced to up to life in prison on the conviction, but faces a minimum mandatory term of 25 years.

"How I wish I could wake up and kiss her on her cheeks in the morning, like I used to," Holmes’ mother, Tina Williams, said after hearing the verdict. "I have to heal. I have to move on."

Throughout the week-long trial, the prosecution and defense agreed that Tucker fired shots that night, but disagreed sharply on whether he should be held accountable for Holmes' death.

In his closing arguments, Assistant State Attorney Bernie De La Rionda called it a violent act and asked the jury to find Tucker guilty of second-degree murder.

"There is no dispute here that ... this defendant took an SK (assault rifle) out there and shot it, and as a result of that, a 13-year-old girl is dead," De La Rionda said. "There is no dispute that he had a .40-caliber earlier that day and kept shooting at a car where three individuals were there who were not attacking him, who had no weapon. He only stopped shooting when he ran out of bullets."

Tucker's lawyer said his client did fire several shots in the parking lot outside Holmes' apartment that night, but he did so in self-defense against a group of young men who had attacked him.

"This shows you how serious this was; this shows you what's going on in this world and what's in Willie Tucker's mind," defense attorney Mark Rosenblum told the jury. "This is a 19-year-old kid at the time. He's internalizing all this stuff; he's like a soldier would be in combat. It's a combat zone."

After a lunch break on Friday, the jury began deliberations.

On Thursday, Tucker took the stand in his own defense, saying an earlier fight escalated into gunfire. He said there was a second exchange near Holmes' home and he was forced to shoot in self-defense.

"My life was threatened," Tucker testified. "By the time he got up on us -- Steve Barry let off the first shot. When he let off the first shot, I let off shots with him. I let off five or six shots."

Shenice Holmes
Family Photo
Shenice Holmes
He said he did not know Holmes had been shot until the next morning.

"I go upstairs to take me a shower and lay down. Steve Barry called my phone and said, 'Bro, look at the news.' I turn on the news and see a little girl had been killed in the Hardwood apartments," Tucker said. "So, I'm telling Steve Barry, 'Man, neither one of us couldn't have did it. We couldn't have did it.'"

Under cross-examination, De La Rionda said Tucker's story was not believable.

"He shot out of his window -- So, he's shooting out his window with his left hand?" De La Rionda said.

"I see the fire coming out of his window," Tucker responded.

"So, he's shooting … over the top of the car?" De La Rionda asked.

"I don't know which way he's shooting. He got his hand out the window and I see the fire come out the barrel," Tucker said.

"Isn't it true that it just doesn't make sense because you're making it all up?" De La Rionda said.

Defense rested its case after Tucker's testimony.

Holmes' death on Mother's Day weekend 2006 was one of a series of homicides that galvanized the community against a wave of gun violence.

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