Confusion causes continuation of shooting hearing

WESTCHESTER » A near circus of confusion that swirled around who would represent one of two brothers accused of murder in the death of a West Chester man inside the Star Social Club resulted in the delay of a scheduled preliminary hearing in the case Tuesday.

District Magisterial Judge Marian Thayer Vito spent the better part of an hour trying to sort out whether defendant Timothy Lee “T. J.” Jacobs would be represented by a private attorney or an attorney fromthe Chester County Public Defender’s Office before agreeing, somewhat reluctantly, to continue not only his case but that of his brother, Tyrell Jacobs.

The new hearing will be heard at the end of the month, at which time, Vito warned Timothy Jacobs, he must have an attorney in place or be prepared to repre--

sent himself.

A visibly exasperated Vito also suggested to the prosecutor leading the case, Assistant District Attorney Ryan Borchik, that his office should arrange for security, scheduling, and transportation at the new hearing. She said her staff had been tied up for days trying to put together the plans for Tuesday’s hearings, only to have it all scuttled when Timothy Jacobs announced he did not have an attorney and needed to get one.

“It’s your case,” she noted. Borchik promised he would take care of all needed arrangements.

Timothy Jacobs, 24, of West Chester, and Tyrell Jacobs, 23, of Brooklyn, N. Y., are charged with the April 10 shooting death of 26- year- old Eric Brown Jr. The men had apparently quarreled over a debt involved in a basketball game at a West Chester park, with the brothers allegedly confronting Brown at the social club on East Market Street.

Brown was shot once in the chest, and was later pronounced dead. The Jacobs f led the scene and were later picked up hiding in Philadelphia. Although initially identified by police as half- brothers, a woman identifying herself as an aunt told Vito during a break in the proceeding that they shared the same parents and are, in fact, brothers.

The preliminary hearing was scheduled for 11 a. m., but beforehand Vito tried to garner from Borchik and Tyrell Jacobs’ attorney, Melissa McCafferty of Coatesville, whether Timothy Jacobs had legal representation. McCafferty indicated that she could not represent her client’s brother unless he waived any claim of conflict of interest. Borchik said he had not been told of any other attorney involved in the case.

When the brothers — Timothy dressed in a burgundy hooded windbreaker and Tyrell in a red, white, and blue track suit jacket — were led into the courtroom by state constables, Vito began questioning Timothy what his plans were — to represent himself, get a private attorney, or seek representation from the Public Defender’s Office.

Timothy Jacobs said that he had been under the impression that his mother was going to get a private attorney for him, perhaps McCafferty. He also said that even though he had been held at the Chester County Prison since his arrest in mid- April, he had never been contacted by the Public Defender’s Office about representing him.

“So are you saying that your mom told you she’d pay for an attorney and she bailed on you?” Vito asked. “That’s pretty much it,” he responded.

A woman who identified herself as the Jacobs’ mother, Cassandra Crossland, then told Vito that she had paid for McCafferty to represent Tyrell, but that she was told there would be an additional fee for someone from McCafferty’s office to represent Timothy, which she could not afford. That money was supposed to have been provided by Timothy’s father, she said, a statement that caused a ripple of murmurs throughout the courtroom, which was packed to capacity with members of the defendants’ and victim’s families, and their supporters.

Later, after Vito checked the records, she told Timothy Jacobs that she had seen a document he had signed saying that he had met with a representative of the Public Defender’s Office and did not want their services, contrary to what he said before. She called that a “misrepresentation,” and admonished him not to do so again. “I’m not an idiot,” she said.

Borchik had initially said that he wanted to try as best as possible to hold a single hearing for the two men, but was prepared to go ahead with separating the case of Tyrell Jacobs from his brother’s, as McCafferty was ready to go ahead. The defense attorney later agreed to ask for a continuance so that the two men could sit together at the defense table during the preliminary hearing and counsel one another.

Vito gave Timothy Jacobs a chance to reach out to family to see whether they could hire a private attorney. When he returned from making a telephone call, however, he said he was ready to apply for the Public Defender’s services. Vito assured him that someone would visit him at the prison as soon as possible.

As soon as Vito agreed to continue the cases until May 29, the 30 or so people who had come to witness the hearing filed out of the courtroom, while the two Jacobs brothers were taken back to prison, where they are being held without bail.

According to police, on April 10, the victim, Eric Brown, age 26, was playing basketball in West Chester. He then went to the Star Social Club. He was still carrying his basketball when he entered the Star at 9: 02 p. m., police say.

Almost immediately, at approximately 9: 03 p. m., the Jacobs brothers entered the Star and began to argue with Brown, all of which was seen by multiple witnesses inside the Star and captured on several video surveillance cameras there.

The co- defendants argued with Brown and attempted to draw him into an altercation, police say. Tyrell Jacobs then threw a punch at Brown, who did not respond. Other patrons intervened. The codefendants tried to get the victim to go outside but Brown stayed inside, according to police.

Although the co- defendants continued with a verbal altercation, both within feet of the victim, Brown still refused to leave, according to the criminal complaint.

“After a couple of more minutes of confrontation, Tyrell Jacobs again punched the victim,” reads the complaint, filed by West Chester Detective Robert Kuehn and Chester County Detective James Ciliberto. “The victim responded to the punch by coming at Tyrell.

“Then both co- defendants attacked the victim. The victim fled from the co- defendants, looping around the central bar area and pool tables. The defendants chased the victim around the interior of the Star, ultimately catching the victim between them at the back of the Star. The co- defendants both were brandishing firearms.”

The complaint then reads that the victim attempted to escape through a back door, while not realizing that a door leading fromanother smaller room was locked from outside.

The complaint reads: “Both co- defendants followed the victim towards the small room. Tyrell Jacobs entered the small room where the victim was trapped first. T. J. Jacobs was at the door of the small room with his gun out. Tyrell Jacobs fired one shot into the victim’s chest. The victim collapsed.”

Police say T. J. Jacobs immediately fled through the front door and Tyrell Jacobs attempted and failed to leave by the same locked door that Brown had tried to access. Both suspects got into separate vehicles and fled.