Suspect in Minneapolis killing says he's scapegoat for gang inmates

A second trial has begun in a 2003 murder in Minneapolis. The prosecution and defense have taken widely different sides, even arguing over the suspect's nickname.

By ROCHELLE OLSON, Star Tribune

Last update: November 2, 2009 - 9:41 PM

The second trial began Monday for a man who claims he is being scapegoated by rival gang members in the 2003 shooting of 19-year-old drug dealer Javon Spencer in the Phillips neighborhood of Minneapolis.

Last month, a Hennepin County jury failed to reach a verdict in the murder trial of Jonathan Turner, 24. In their opening comments Monday, the prosecutor and defense lawyer drew vastly different pictures of the defendant, even arguing over his nickname.

In an interview published after the previous jury was unable to reach a verdict, Turner said he is being framed by gang members seeking reductions in their prison sentences for other crimes. His lawyer's opening statement reflected that view.

Gary Wolf said Turner was at home on electronic monitoring because of an unrelated conviction when the murder occurred in the early morning hours of Aug. 17, 2003. He said Turner is not and never was a member of the Southside 20s street gang.

Wolf tried to discredit a key prosecution witness, Chandan Hurd, who held Spencer as he lay dying on Park Avenue S. He noted that Hurd initially told police he saw a guy in a red shirt shoot Spencer, then get into a beige Nissan Altima four-door with body damage on the passenger side. Wolf said that account coincides with one from an uninvolved chef who owned a home across the street from the shooting and who looked out his window after he heard shots.

But later, Hurd identified Turner as the "black-hoodie-wearing" shooter, after Hurd was in prison for attempted murder. He told two homicide detectives that he saw Turner shoot Spencer, Wolf said.

Assistant County Attorney Judy Johnston said Hurd didn't initially tell police about Turner because the "rule is you're loyal to the gang and you don't tell what you saw because you don't want to be next."

She said Turner worked with Phyllis (Spanky) Taylor to lure Spencer to the neighborhood that day because of a drug-turf dispute. She said Spencer was dealing in the lucrative area known as "the Zone" and that Turner had asked him to leave, but Spencer wouldn't. So Turner plotted and then shot him, she said.

"The defendant in 2003 was an arrogant young man who believed it was acceptable to go hunting for another human being, and that's what he did," Johnston said.

She said Turner had another motivation: Spencer was talking to police about the murder of his friend Marcus Dortch that summer. Turner also awaits trial in that death.

Johnston said Turner's street name was "Killa Thirst." But Wolf called that a "fabrication" from Hurd and another gang leader.

He said Turner's nickname was "Thirsty," given to him by his mother because he drank a lot of water as a baby.

The state's case hinges on testimony. Johnston has no murder weapon or fingerprints to introduce as evidence.

So far, Judge Deborah Hedlund has barred any mention of the previous trial. She also has imposed a gag order on the lawyers and the defendant.

Like the first trial, Hedlund has stationed a sheriff's deputy outside her door and requires all those who attend the trial to provide identification before they will be admitted -- a highly unusual requirement.

Rochelle Olson • 612-673-1747

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