Man loses bid for ‘do-over,’ draws life for murder
NORRISTOWN >> A judge denied a Philadelphiaman’s initial request for a “do-over” before sentencing him to life imprisonment for fatally shooting aman during a burglary at a borough apartment.
Daquan Hamilton, 22, of the 5600 block of North 18th Street, was sentenced Tue sday in Montgomer y County Court to the life term on a charge of second-degree murder in connection with the 12:37 a.m. Dec. 27, 2013, shooting death of George Hashimbey inside the King Street Commons Apartments. It was a bullet from Hamilton’s gun that struck and killed Hashimbey, whowas 22, prosecutors alleged.
FROMPAGE 1
A jury convicted Hamilton of the felony murder charge, as well as charges of conspiracy to commit murder, attempted murder, burglary, aggravated assault and multiple weapons offenses during a trial last June before Judge Carolyn T. Carluccio.
“You want a do-over. Mr. Hashimbey doesn’t get a doover,” Carluccio addressed Hamilton, who persistently requested “extraordinary relief” in the form of a new trial before the judge even imposed his sentence.
Second-degreemurder is a killing that occurs during the course of another felony, such as burglary, and it is punishable under state law by a mandatory life prison sentence. The judge explained she had no discretion but to impose the life term.
Prosecutors suggested, and the judge appeared to agree, that Hamilton’s request for a new trial was premature and he could argue his case in appeals after the sentence was imposed.
“Daquan Hamilton is a killer and he murdered George Hashimbey and he has the rest of his life behind bars to think of the loss that he caused George’s family,” Assistant District Attorney Jason Whalley said later. “All of this could have been prevented if Daquan Hamilton did not go there that night with a gun and try to cause trouble.
“The commonwealth hopes thatMr. Hashimbey’s family can now have some kind of closure in this horrible matter,” added Whalley, who was assisted by co-prosecutor Christopher Daniels.
Addressing the judge, Hamilton complained it was unfair for him to be facing a mandatory life prison term when his codefendant, Khaleef Jones, 23, also of Philadelphia, was sentenced to nine to 18 years in prison after he pleaded guilty to a charge of third-degree murder for his role in the crime. Jones also testified against Hamilton at trial and Hamilton suggested on Tuesday that Jones lied.
“It must be really tough for the victim’s family to sit here and hear you whine that this wasn’t fair,” Carluccio addressed Hamilton, adding the jury’s verdict was supported by the evidence presented at trial. “The jury found that your co-defendant was credible.”
The jury acquitted Hamilton of a first-degree murder charge, which is an intentional killing.
Hashimbey’s mother and other relatives left the courtroom as Hamilton gave a rambling speech about the unfairness of his conviction.
“It’s a corrupt system. My life is on the line. I just don’t want this case to ruin my life. I want a fair opportunity to fight for my life. I’m hurt because a life was lost. A life was never supposed to be lost,” said Hamilton, who expressed love for his weeping relatives who were in the courtroom.
“Why God just took my life away from me, I don’t know. For real, for real, I’m really winning cause I could be dead right now,” Hamilton added.
Hamilton, who was represented by defense lawyer Benjamin Cooper, told the judge he intends to move forward with his appeals.
“I got some good arguments. I know I’m going to be back out there. I’m not trying to be cocky. I’m going to be back out there. I’m a smart person and I’m going to learn from this. I’m going to come home a better man,” Hamilton said.
Prosecutors said Hamilton and Jones forced their way into a fifth-floor apartment at the complex, located in the 200 block of King Street. Jones testified that Hamilton was armed with a silver revolver. Additionally, Jones admitted that he drove Hamilton from Philadelphia to the apartment complex and then drove the pair back to Philadelphia during the getaway after the shooting.
Prosecutors alleged Jones also had a gun and was responsible for Hashimbey’s death under accomplice liability theories. Prosecutors claimed a bullet from Jones’ gun struck and wounded a second man who was in the apartment with Hashimbey.
The second victim told police he answered the door and one of the suspects said, “I gotta (sic) get my stuff” and they pushed their way into the apartment, court documents alleged.
During a confrontation, Hamilton fired a gun, striking Hashimbey, who was sitting in a chair, according to the criminal complaint. Jones also fired his weapon, striking the second victim in the left hip, according to the arrest affidavit.
Hashimbey was pronounced dead at the scene and an autopsy determined he suffered a gunshot wound to the chest.
County and Pottstown detectives recovered one fired .380-caliber shell casing and an unfired .380-caliber bullet on the floor of the apartment, according to the criminal complaint filed by county Detective Todd Richard and Pottstown Police Sgt. Barry Grimm. Detectives also noticed two bullet strikes in the apartment door and a bullet fragment lodged in a wall of the apartment, court papers indicate.
A .357-caliber bullet was recovered from Hashimbey’s body, testimony revealed. A comparison of the bullet recovered from Hashimbey’s body and the bullet fragment found in the wall revealed they were fired from the same firearm, detectives testified.
Hamilton and Jones were stopped in a Toyota Avalon by police in Philadelphia about an hour after the shooting. Jones was found possessing a .380-caliber semiautomatic handgun. The .357-caliber handgun was never recovered although a fired cartridge casing of .357-caliber was recovered from the passenger seat of the Avalon where Hamilton allegedly had been seated, according to testimony.
“Daquan Hamilton is a killer and he murdered George Hashimbey and he has the rest of his life behind bars to think of the loss that he caused George’s family.” — Montgomery County Assistant District Attorney Jason Whalley “Youwant a do-over. Mr. Hashimbey doesn’t get a doover.”
— Montgomery County Judge Carolyn T. Carluccio to convicted killer Daquan Hamilton