Prosecutors conceded Friday that they probably didn't have enough evidence to convict Gerard Maxwell of murder in connection to a shooting in Rand last year.
Instead, Maxwell, 29, of Rand, pleaded guilty Friday to the charge of voluntary manslaughter in the January 2015 shooting death of Christopher "Snacks" Carey.
Maxwell was sentenced Friday to spend three years in prison, in accordance with the deal he had made with prosecutors. Kanawha Circuit Judge Charles King agreed to approve the deal.
In exchange for his plea to the felony offense, prosecutors dismissed other charges Maxwell was facing, including an attempted murder charge in connection to the shooting of Latisha Crawford. Crawford was in the car with Carey at the time of the shooting. Maxwell had also been indicted on charges of malicious wounding and wanton endangerment.
Carey had drugs, money and a gun on him when he was found, Akers said.
Police said they found between 60 and 80 spent shell casings at the scene.
"Maxwell and the victim, Christopher Carey, were involved in an ongoing drug dispute," the prosecutor told King. "Another witness told police the two men had been threatening each other over the phone in the hours prior to the shooting."
In November, William Lyttle, of Costa, and Todd Hodge, of Rand, both made deals with prosecutors and agreed to testify against Maxwell.
Lyttle pleaded guilty to the felony charge of wanton endangerment and faces up to five years in prison. Hodge pleaded guilty to the misdemeanor of accessory after the fact to wanton endangerment. He faces up to a year in jail. Both men will be sentenced later this month.
Maxwell's trial had been set for Monday.
"He was smart enough to not risk going to trial," Forbes said of his client after the hearing Friday.
A man was convicted of murder in the killing of Maxwell's twin brother, Gerald, after a short trial earlier this month in King's courtroom.
Leonard Thomas, 45, of Detroit, could spend the rest of his life in prison without a chance to go before a parole board, like a jury recommended. King will sentence him next month.
Police have said the killings weren't related, but both Akers and Forbes said Friday there had been some talk about whether Carey had provided Thomas with the gun he used to kill Gerald Maxwell.
Carey's sister, although she didn't attend the hearing Friday, understood the reasons behind the deal prosecutors offered Maxwell, Akers told the judge.
She didn't like the sentence, though, the prosecutor said.
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