Reports detailing crime lab findings of ballistics and DNA testing in a Bowie County murder case were discussed Monday at pretrial hearings for three first-degree murder defendants.
Marquell Smith, 21, Brandon Brown, 22, and Shamari Newton, 24, each appeared separately before 202nd District Judge Leon Pesek Jr. for pretrial hearings in the morning and afternoon at the Bi-State Justice Building in downtown Texarkana. The main topic of discussion in each defendant's hearing were scientific reports not yet in the hands of the Bowie County District Attorney's Office or defense lawyers.
Brown's lawyer, Al Smith of Texarkana, said he needs the ballistics report to aid in preparation for his client's November trial. Ballistics refers to tests conducted on firearms and ammunition.
"My understanding is that the testing has been done but a report has not been produced," First Assistant District Attorney Mike Shepherd said.
Pesek asked Shepherd to contact the Texas Department of Public Safety Crime Lab to inquire as to the report's status. If the lab is holding the ballistics report because it hasn't completed testing on DNA, Shepherd will ask the lab to send a partial or preliminary report on the ballistic findings.
Marquell Smith, who is set for trial in October, appeared with First Assistant Public Defender Will Williams. Williams said the lab typically takes 12 to 18 months to provide reports.
"It's going to be quicker than that," Pesek said.
Pesek said he is hopeful the crime lab will fast track the testing in consideration of the defendants' upcoming trials.
Newton's case is set for trial in December. Her lawyer, Gerald Smith of Arlington, Texas, said he understands more evidence may be forthcoming in light of developments in the investigation. After a five-minute conference between the lawyers and Pesek at the bench, Pesek announced a July 1 date for Newton's next pretrial hearing. Newton is free on bond.
Marquell Smith and Brown, both in custody, are scheduled to return for pretrial hearings June 6. All three defendants are accused in the February 2015 death of Christopher Guilbeau.
Guilbeau's family reported him missing to Texarkana, Ark., police March 4, 2015. The report prompted Arkansas-side investigators to flag his pickup in the National Crime Information Center database as stolen and wanted in connection with a missing person case. The following day, Marquell Smith and Brown were arrested by police in Tulsa, Okla., driving the wanted truck.
Guilbeau's body was discovered in a Texarkana, Texas, alley March 6, the day after Marquell Smith and Brown were arrested. Investigators believe Guilbeau was actually killed Feb. 23, 2015, according to testimony at bond hearings in December. Newton, who was reportedly dating Marquell Smith, was arrested in Tacoma, Wash., a few months after the men were taken into custody.
The men were brought from Oklahoma to Texarkana facing murder charges in July. They were indicted, along with Newton, for first-degree murder by a Bowie County grand jury in November.
If convicted of first-degree murder, the defendants face five to 99 years or life in a Texas prison.
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