The Martin Firm - selected case information

LOCAL

Tuesday, August 17, 2004

Victim wants max for shooter

Judge orders 5 years in prison and restitution for medical expenses

By Jim Houston
Staff Writer

Muscogee Superior Court Judge Robert Johnston leaned forward Monday and sympathetically explained to a partially paralyzed shooting victim that even the harshest punishment of the shooter wouldn't ease his pain.

"If I put this man in jail forever, or if I have the sheriff's deputies execute him, that's not going to make you feel better," Johnston told 21-year-old Andre Forrest.

"Yes, it will. I'd feel a whole lot better," Forrest replied, leaning on a cane with his remaining good arm.

Forrest glared at Jaquan B. Gilliam, 18, who fired the .38-caliber bullet that lodged so near his carotid artery that it remains there today. The bullet must stay because surgeons have declared there's no more they can do without risking further injury to damaged spinal vertebrae that have left him with partial paralysis in one arm, he said.

Gilliam pleaded guilty to three counts of aggravated assault in the Nov. 4 shooting at 6288 Mill Branch Road, which Assistant District Attorney Roger Anderson said followed an apparent disagreement the day before between Gilliam and Forrest's brother, Angelo.

As Andre, Angelo and a cousin approached the house where Gilliam was visiting, Anderson said

Gilliam was heard to say, "This ain't fixin' to happen," then pulled a pistol.

Defense attorney Frank Martin said Andre Forrest was approaching Gilliam belligerently, then "locked up" with Gilliam and the pistol went off, with a bullet striking Andre in the neck. Gilliam fired other shots, but never intended to hit anyone and immediately gave police a videotaped statement admitting he fired several times, Martin said.

"I apologize," said Gilliam. "I didn't intend for this to happen."

Andre Forrest, with his brother and mother standing beside him, urged Johnston to be tough in sentencing Gilliam.

"I want you to give him all that you can give him," he told the judge.

Forrest also denied he intended to fight Gilliam.

"I just wanted to talk to him," Forrest said, adding that Gilliam pulled his pistol so he could "show off" in front of his friends.

Anderson said he originally had offered to recommend an eight-year prison sentence if Gilliam would plead guilty to three counts of aggravated assault, but Gilliam rejected the offer and came to court for a "cold plea."

Johnston sentenced Gilliam, of 6203 Newick Drive, Columbus, to five years in prison, followed by five years on probation. While on probation, he is to make restitution to Gilliam for medical expenses, he said.