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Serious charges dismissed in Toma Washington trial

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Photo By Kelly Mackey
Defendant Toma Washington gives a kiss to his pregnant girlfriend, Whitney Davis, after the verdict was read and they were waiting on sentencing. Washington’s friend Michael Walker, left, cousin, Tasha Tillman, mother, Aretha Booth, and sister, Latessa Washington, wait in the courtroom.

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Photo By Kelly Mackey
Toma Washington listens as Commonwealth’s Attorney Larry Cleveland gives his closing argument Wednesday.

"God don't make no mistakes."

It's the belief Toma Washington said he clung to as he awaited sentencing for fleeing police during an incident on Harrodswood Road on the night of Dec. 27, 2007.

Washington, who spent a decade in prison after pleading guilty to first-degree manslaughter for the shooting death of Rodney Williams, said he knows about mistakes.

"I sentence you to six months incarceration and a $500 fine," Franklin Circuit Court Judge Thomas Wingate said Wednesday to Washington after the jury failed to agree on the appropriate sentence for the misdemeanor after two hours of deliberation.

A police officer then handcuffed Washington and led him out of the courtroom.

Minutes earlier, Washington had been sitting with his family, holding his pregnant girlfriend's hand and smiling, the dim courtroom lighting reflecting off his gold front teeth.

Although he knew he faced up to 12 months, the jury had acquitted him of the more serious charge of possession of a handgun by a felon. The gun charge could have meant another decade or two behind bars had Washington been convicted.

"I feel grateful and blessed that God put it in their hearts to see the truth," Washington said to The State Journal, referring to the overwhelmingly female jury.

The truth, according to the 32-year-old Washington, is that he was trying to play the role of peacemaker on the night of Dec. 27, nine months after he was released from prison for the killing of Williams, when a dispute involving a handgun broke out in the tan Chevrolet vehicle he was sitting in on the west side of Frankfort along with acquaintances Theo Allen and Michael Walker, both convicted felons.

Washington testified that Allen and Walker got in an argument over money related to a criminal case in which the pair was involved.

Washington and Walker testified that the handgun belonged to Allen. Their testimony conflicted with that of Allen's who a day earlier recounted on the witness stand that Washington had "waved the gun in my face for five or 10 minutes."

When police arrived, Washington fled on foot when an officer was told to handcuff him after the firearm was discovered. He was apprehended after a short police pursuit.

Washington, a former athlete at Frankfort High School in the mid-"90s, testified that he ran because he had nothing to do with the dispute between Allen and Walker.

"I ran because here's a whole situation that I had nothing to do with, and I don't want to be arrested for someone else's s---," Washington told the jury.

No forensic evidence linked the weapon to any of the passengers in the vehicle, but the handgun was found near the rear passenger seat where Washington had been sitting, according to police testimony.
Much of the trial centered on the credibility of Allen, the prosecution's primary witness. One defense witness testified that Allen had tried to sell him a handgun similar to the gun found in the vehicle during the month of the incident.

"I'm not a pistol packer," Allen, who also goes by "Big Daddy," told the jury earlier in the trial. "I don't do that."

Commonwealth's Attorney Larry Cleveland said his reaction to the jury's decision to let Washington off charges of weapon possession was one of "disgust."

"This is the fourth time I've prosecuted him," Cleveland said. "If he's on the streets, he's committing crimes."

Washington's reaction to the verdict was much less dramatic than during the murder trial 10 years ago when he overturned a table, lunged toward jurors and had to be tackled by a policeman when the jury convicted him of the 1997 South Frankfort murder.

That verdict was later overturned by the state Supreme Court in August of 2000 because the prosecution removed a black potential juror. Washington later pleaded guilty to manslaughter.

After the verdict was read Wednesday, Washington calmly walked over to his family and embraced them. He said his Christian faith and impending fatherhood has changed his perspective on life.

"When I was 18, 19, I had no direction in my life, no instruction," Washington, whose mother, Aretha Booth, raised him alone, said to The State Journal. "I get my sense of direction today from strength in the Lord.

"I went through the struggle. I don't want that to become of my kids," he said.




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   Next 10 Comments of 24 Total Comments
24.
    Posted by rangdaddy August 6, 2008
"I sentence you to six months incarceration and a $500 fine.A police officer then handcuffed Washington and led him out of the courtroom.
holding his pregnant girlfriend's hand and SMILING, the dim courtroom lighting reflecting off his gold front teeth. Sounds like the jerry Springer show in Frankfort. WOW

23.
    Posted by Derekrayborn August 6, 2008
Your missing the point! Your entitled to your opinion, but atleast use your name! That way the person your talking about has a chance to defend themselves!! Atleast you know who I am! I don't have a clue who you are, neither does Toma, or anyone else! I could get on here under a made up name and call you everything in the book, but that seems yellow to me!! If your going to talk about people you don't know, under assumed names, atleast make it positive! Plus I said he's no angel, but I sincerely Know he's trying!! I am not going to knock anyone for that!! And I will take up for them. Even if they fail, it is better to try and fail then to not try at all!! By the way I wasn't charged twice brokenhalo, I was charged once then they came back out to pick them up once the charges went through. SJ's reporters can't read!! They get part of the way through the facts, then report what they THINK they Read!! I wasn't even living there then! If you had read the paper or watched the TV you would have seen & heard them say "Property Owned By Mr. Rayborn" I only had 2 dogs myself and they we're both house dogs! The people went to the humane Society (atleast the ones that weren't afraid of getting arrested) And claimed there dogs, I got charged because they we're on my property!! Not because I owned them. But only people in the court room would have known that. But I had to sell my other house to pay for the attorney's and all the other cost. and by the way mind your own damn business, because if I mow my fields the deer, and critters go away. They are almost fearless of human's now!! Besides Jessica your not exactly living in "Casa Del Galo" Hell I didn't even know you could read!!

22.
    Posted by rangdaddy August 5, 2008
Derekrayborn, First of all, who are you anyway. Toma has the same choices everyone else has and he took the easy way out. Birds of a feather flock together. Before you start all the name calling, look at yourself and you might be surprized who Rangdaddy really is ! Think about it Derekrayborn.

21.
    Posted by brokenhaloofmine August 4, 2008
To Derek Rayborn, your a good one to be on here talking. Wasn't to long ago you were setting in jail for thirty days for the animal cruelty charges. Yea, I went to high school and graduated with you,....you are the SAD SACK. I have no use to speak to you, you disgust me, I drove by your place and seen those helpless dogs on their chains half starved to death and if I remember correctly wasn't the first time you had been charged. You really ought not be on here telling people they are cowards b/c you seem to be one yourself. I am no coward and you can believe if I see you in town I sure will let you know how sad of a sack you are. Poor dogs didn't have a chance, and by the way mow your d@mn yard.

20.
    Posted by DOGG August 4, 2008
I think that it is funny how everybody finds the lord. Now some people might but I think that it us just another way to help the defendant look good like he has changed or something. Well obviously he hasn't. Since finding the lord thing didn't work I guess that he will have to plead insanity, that usually helps people out. If he didn't do anything he shouldn't have ran, now that would have looked better.

19.
    Posted by Derekrayborn August 4, 2008
Man you people are sad sacks... You get on here and talk trash about people you don't know, while you hide behind your FAKE NAMES! What cowards you are! Coarse if you ever see him face to face you'll act as you never said a word about the man! People like Rangdaddy distgust me! This is why America is so weak in culture!

"Brave men do dirty deeds, so the large chicken hearted men may hide under their beds and cry like Babes!"
U.S. Army Sgt. William O. Gore - Ardiennes, 1942

This can't be said any Better!!

Posted by dangel071956 August 1, 2008

I don't know Toma but I know his background and he didn't as a youngster have the best direction. I believe his story basically he was at the wrong place with the wrong crowd at the wrong time. I give this guy some credit. He speaks of God and christian faith as well as a better future for his kid or children. Sometimes all you can do is put your trust in God and allow God to work in an individual's heart. As for the Negative, Godless people around Frankfort that don't have a clue to God's chosen people. Well remember as read in the bible " King David was a man after God's heart" well now David was a murderer and adultress. I think one of his desciples was an alcholic too. Judge not lest ye be judge. (KJV, 1972) When one seeks God, God is there and will provide grace and opens His arms to welcome the sinner.

18.
    Posted by t-dee August 3, 2008
to all of you who have bad things to say about Toma, why you hatting on the man. if it was your family member would you have all that to say. No. He might has done wrong in the past but i think he has learned a great dill. When he first got locked up thats all you heard Killer let out pf jail, they had it out for him from the jump. He had no chance. you never see white people on the front page for much of anything anymore. why is that.

17.
    Posted by rangdaddy August 2, 2008
Mr.FrankWhite..i'm sorry for not being a THUG FAN. If Toma learned from being in Prison the first time. We wouldnt be talking about it right ? FrankWhite you ask how do I know he hasnt learned from being in jail. Where is he now Frankie baby ? IN JAIL. Lucky i'm not the JUDGE

16.
    Posted by not from here August 1, 2008
if i was the police i wouldnt chase anyone in frankfort. why put your life in jeopardy just to have the juror let the guy go. lets keep our heads buried in the sand and one day the killers wont just be killing other thugs eventually they will involve innocent people. then we can blame the police for not doing their jobs and not us the good citizens who continue to let these guys off.

15.
    Posted by Honey August 1, 2008
I hope for Toma's sake that he is not using the Lord and his word for personal gain. It is so easy to speak the language and use God but is so much harder to walk it and serve the Lord.

Toma - How about setting some examples by 1)getting married to the mother of your unborn child, 2)picking a different group of friends and 3)become a role model to the young folks. Toma is getting another chance, lets hope that he deserves it and uses it wisely. Hopefully Toma will be sitting in a pew some where soon serving the Lord. I hope to see him there!

   Next 10 Comments

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