Man convicted in murder decides he wants lawyer after all

Brandon Brown
Brandon Brown

NEW BOSTON, Texas-A man sentenced earlier this year to 50 years for murder told a judge Tuesday he has changed his mind about representing himself in the appellate process.

Brandon Eric Brown, 24, is one of two men found guilty of murder in the 2015 shooting of Christopher Guilbeau in Texarkana, Texas. Brown was back in court before 202nd District Judge John Tidwell for a hearing ordered by the 6th Court of Appeals, headquartered in Texarkana, to address a request Brown made to the higher court for self representation.

All defendants without the resources to hire a lawyer are entitled to court-appointed counsel on direct appeal of a criminal conviction. Texarkana lawyer Troy Hornsby, who was appointed to represent Brown, filed a 38-page brief with the 6th Court of Appeals last month that argues there are multiple grounds for a new trial.

But Brown filed motions complaining that Hornsby's brief is "in conflict with appellant's written instructions by correspondence" and asked that he be allowed to represent himself on appeal. Because of Brown's expressed desire to file his own appeal, the higher court abated the appellate proceedings in Brown's case and ordered an inquiry into the matter by the trial court.

In keeping with the 6th's order, Tidwell asked Brown about his ability to hire his own lawyer. Brown denied that he has experienced any financial windfalls since his near-continuous incarceration began with his arrest for Guilbeau's murder in 2015.

Hornsby advised the court that Brown no longer wants to navigate the appellate process on his own.

"We talked about what we were going to cover, had a long talk about a lot of issues, and he asked a lot of questions," Hornsby said. "He has come to a clear decision that he wants me to continue to represent him."

Brown agreed with Hornsby's assessment. Tidwell must file formal findings concerning Brown's indigency status and his decision to keep Hornsby on his case. Once those findings are accepted by the higher court, Brown's appeal will move forward. The next step is for the state to file a response to the brief Hornsby filed on Brown's behalf.

Brown was sentenced to 50 years in prison following a bench trial before Tidwell in March. The month before, Brown's co-defendant, Marquel Smith, was found guilty of murder by a jury and sentenced to 60 years.

Smith shot Guilbeau three times as they sat in Guilbeau's truck Feb. 23, 2015. Guilbeau had approached a homeless man and offered him a "cut" if the man would help him sell some methamphetamine. The homeless man took Guilbeau to a Texarkana, Texas, duplex where Smith and Brown were visiting Shamari Newton.

After telling the homeless man he would buy Guilbeau's drugs, Smith told Brown he was going to "hit a lick" and asked Brown for his gun. After killing Guilbeau, Smith threatened the homeless man and Newton to keep quiet and he and Brown attempted to hide Guilbeau's body in bushes near the duplex. Brown and Smith were arrested about a week later driving Guilbeau's pickup in Oklahoma. Newton was arrested months later in Tacoma, Wash. She received a six-month jail sentence for failing to report a felony.

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