Dismissing the charge didn't clear the teen of the crime, however.
Colton Whitelow, 19, 366 Cherry Dale, had already been indicted a second time on Oct. 12. The superseding indictment increased the number of murder charges from one to two. He now faces charges of first-degree murder, first-degree felony murder and aggravated assault.
Whitelow is accused of firing a gun into a crowd Feb. 27, 2008, on Grayson Street in Newbern. Tamara Brown, a 20-year-old Newbern woman, and her unborn child were killed. Another woman feared bodily injury.
The second indictment does not charge Whitelow for any injuries sustained by Brown's boyfriend, Donald Lee Wilkes. One of Whitelow's co-defendants, 20-year-old Darnell Madison of Ripley, pleaded guilty to attempted first-degree murder on Dec. 9, 2008, for wounding Wilkes. He was sentenced to six years in prison.
District Attorney Phil Bivens said the new indictment charges Whitelow for Brown's death and the death of her unborn child.
Whitelow is scheduled to appear Jan. 19 in circuit court.
In other circuit court action on Nov. 3:
* Chad Martin Blalock, 302 Reynolds, was granted pretrial diversion on a charge of theft of property in excess of $1,000. He was accused of taking a Browning 12-gauge shotgun from a former roommate in 2008 and selling it to someone else. Blalock was placed on supervised probation for two years and ordered to pay $600.50 in court costs and a $30 monthly supervision fee.
* Eric L. Choate, 36, whose address is listed both as 420 S. Frazier St. in Troy and 710 High St. in Union City, pleaded guilty to fifth offense driving under the influence of an intoxicant. An additional charge of violating the implied consent law was dismissed. Choate was sentenced to two years in prison, fined $3,000 and having his driver's license revoked
* William Paul Dameron, 32, 2441 St. John Ave., was not prosecuted on a charge of fourth offense driving with a revoked license.
* Mark Anthony Ditto, 19, 220 1st Ave., pleaded guilty to failure to appear. He was sentenced to one and a half years in prison and will serve that sentence consecutively to his previous sentences.
* Gregory Wayne Donner, 20, address unavailable, pleaded guilty to charges of aggravated burglary and theft of property in excess of $1,000. He was accused of taking two guns, a digital camera and about $400 in coins from a local home in 2007. He was given a suspended four-and-a-half-year sentence on the burglary charge and a suspended three-year sentence on the theft charge. The sentences are to run concurrently with each other and with charges in Missouri. He also was ordered to pay $500 restitution.
* Jeffrey Lamonte Harvey, 38, 310 Kist Ave., pleaded guilty to aggravated burglary. An additional charge of assault was dismissed. He was accused of kicking open the door of a Dyersburg apartment and assaulting the man who lived there. Harvey was sentenced to six months in jail followed by four years of supervised probation.
* Jerry E. Lanier, 29, 1223 Hornbrook St., pleaded guilty to two counts of felony failure to appear and one count of fifth offense driving with a revoked license.
On each of the FTA charges, Lanier was sentenced to four years in prison. The sentences were suspended to 10 months in jail followed by four years of probation.
On the driving charge, Lanier was fined $500 and sentenced to 10 months in the county jail. He is to serve all of the sentences concurrently.
* Ronnie Lynn McPherson, 38, 202 Tennyson Ave., was not prosecuted on a charge of felony vandalism in excess of $10,000.
* Timothy A. Pettie, 18, 838 S. Main, pleaded guilty to a charge of aggravated burglary. He was accused of entering a Friendship-area home in July and taking a claw hammer, a fan and a bottle of air freshener. He was sentenced to three years in prison. The sentence was immediately suspended and Pettie was placed on probation.
* Gregory L. Petty, 39, 1484 Rambo Road, was granted pretrial diversion on charge of possessing more than half an ounce of marijuana with intent to sell; possessing dihydrocodeinone, a Schedule III controlled substance, with intent to sell; and possessing alprazolam, a Schedule IV controlled substance with intent to sell. He was placed on supervised probation for two years; ordered to pay $1,808.50 in court costs and a $35 monthly supervision fee; and ordered to get an outpatient drug/alcohol assessment and follow any treatment recommendations.
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idk/// six years is all you get for murder/4 years for breaking in and theft//just dont get it...i believe thats why theres is so much crime.easy sentences