Two accused in homicide to have preliminary hearings

NORRISTOWN >> A judge has denied a request by prosecutors to bypass preliminary hearings for two Pottstown men accused of roles in the March gunshot slaying of another borough man.

Jaquan Marquis “Swizz” Lee, 24, and Kyshan Scott Brinkley, 23, each “shall receive a preliminary hearing,” Montgomery County Judge Thomas C. Branca wrote in court orders available on Friday. Those preliminary hearings have not yet been scheduled.

Lee, of the 300 block of Walnut Street, and Brinkley, of the 300 block of Beech Street, are two of four men accused of taking part in the 10:45 p.m. March 30 gunshot slaying of Keith Robinson, 41, as Robinson sat in the driver’s seat of his car in the 100 block of York Street. In court documents, authorities alleged Robinson “was ambushed by an individual dressed in all black who shot at his vehicle ten times from the corner of Walnut and York streets.”

Lee and Brinkley were arrested in August following a four-month grand jury investigation. On July 24, the grand jury, after hearing testimony from 17 witnesses, returned a presentment recommending that the defendants be charged with numerous crimes, according to court papers.

In a rarely seen request in county court, Assistant District Attorney Kelly S. Lloyd and co-prosecutor Lindsey Mills filed a petition to bypass preliminary hearings for Lee and Brinkley, arguing the Pennsylvania Supreme Court has held that an investigating grand jury presentment is a constitutionally permissible and reasonable alternative

to a preliminary hearing.

Preliminary hearings are held before district court judges who determine if prosecutors present sufficient evidence, or probable cause, to move the charges and case to county court for trial.

“Simply put, to require lengthy, complex testimony from an investigative grand jury to be repeated, for the sole purpose of establishing probable cause a second time, is not only a waste of scarce grand jury and judicial time, but also a repetitious, costly and superfluous layer of delay before trial,” Lloyd argued in court papers seeking to bypass the preliminary hearings.

But defense lawyers Joseph Schultz, who represents Lee, and Geoffrey Hood, who represents Brinkley, challenged Lloyd’s request to bypass preliminary hearings, arguing preliminary hearings are a necessary and essential component of due process.

“In principal, the preliminary hearing serves to protect individuals from charges that are unsupported by evidence,” Schultz wrote in court papers. “The preliminary hearing protects against the danger that exists when prosecutors use a broadbrush approach in bringing charges in multi-defendant cases where there is a little or no evidence against some of the individuals that are accused, as in this case.”

During a hearing before Branca earlier this week, Schultz suggested a preliminary hearing is necessary because the grand jury presentment lacks sufficient evidence of specific intent to kill to support charges of first-degree murder and conspiracy.

At a preliminary hearing, Schultz said, a number of the charges lacking evidentiary foundation could be dismissed by a judge, thus narrowing the scope of trial and eliminating the need to present certain pretrial motions.

Lee faces charges of firstand third-degree murder, conspiracy to commit murder, possessing an instrument of crime, receiving stolen property, illegal transfer of firearms and persons prohibited from possessing a firearm.

Brinkley faces charges of first- and third-degree murder, conspiracy to commit murder, possessing an instrument of crime and receiving stolen property.

Two other Pottstown men, Elijah Davis, 18, of the 300 block of Spruce Street, and Derrick Goins, 26, of the 300 block of West Street, also are charged in connection with the alleged killing.

Davis was apprehended last week and is awaiting court action. Authorities are still searching for Goins and have offered a $1,000 reward for information leading to his apprehension.

Anyone with information on Goins’s whereabouts is asked to call the Pottstown Police Department at 610-970-6570 or Montgomery County Detectives at 610-226-5553.

The criminal complaint connected Brinkley, Lee, Davis and Goins to the firearms, shooting location and the victim. Video surveillance placed Goins and the other three defendants at the scene, according to prosecutors.

During the investigation, detectives secured surveillance footage from the surrounding area. Videos of the area depicted a male dressed in dark pants and a jacket walking west on Walnut Street toward the intersection of York Street. A few moments later, the male is observed running east on Walnut Street, behind Foundry Apartments toward Beech Street. Other surveillance caught audio of 10 gunshots being fired in rapid succession.

Additional surveillance footage of the scene shows a black minivan with distinctive hubcaps traveling west on Walnut Street at 10:45 p.m. on March 30.

According to the affidavit of probable cause, “The movements of the black minivan, captured on video surveillance are consistent with the known locations of the operator, Jaquan ‘Swizz’ Lee. Lee is seen operating this van at Chestnut Street and Evans Street prior to the homicide. The van is then observed driving by the victim, Keith Robinson, twice before the shooting. Seven minutes after the shooting the van is seen arriving at 206 Manatawny St., an area known to be frequented by Jaquan ‘Swizz’ Lee and his associates.”

Throughout the investigation, detectives learned about an active joint investigation by county detectives and Pottstown police, focused on a homegrown gang operating in Pottstown called the “Bud Gang Bitch” or the BGB Gang. The investigation led to the identification of many of the members of BGB, including the four defendants, according to authorities. Police alleged the group is committing criminal offenses involving illegal drug trafficking and illegally possessing firearms.