3 face trial in Feb. 6 slaying

Victim's mom hopes trio will spare his family pain of court

Published: Friday, June 26, 2009 5:41 p.m. MDT
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Elka Fernandez wept with relief when a judge Friday bound three adults over for trial in the Feb. 6 death of her 18-year-old son, JoJo Brandstatt.

But the grieving mother, whose son's picture adorned her T-shirt, said outside the courtroom she hoped the trio would enter into plea bargains rather than subject Brandstatt's loved ones to a trial that threatens to air the painful details of his last, and presumably terrified, hours.

"They're not sorry," Fernandez said, wiping her eyes. "If they were, they would not make us go through this. Every single one of them played a role in my son's murder."

Third District Judge Vernice Trease decided after a multiday preliminary hearing that the cases of Jeremiah Ha'k Williamson, 28, Spencer Isaiah Cater, 18, and Shardise Olataga Malaga, 19, should proceed to trial.

All three are charged with aggravated murder, two counts of aggravated kidnapping and five counts of aggravated robbery, all first-degree felonies.

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Prosecutors contend that all three — and a juvenile who had been identified as the mastermind and shooter — kidnapped witness Greg Brown, who assumed he was meeting them for a gun-for-drugs exchange. Prosecutors maintain the four robbed Brown instead and when the money came up short, they threatened him at gunpoint. He called many people to help scrounge up more cash, and Brown eventually got hold of Brandstatt to help with a robbery.

But Brandstatt was kidnapped, too, according to prosecutors, and eventually shot dead at a West Valley golf course, in large part because the juvenile was enraged that Brandstatt was wearing red, which represented rival gang colors.

Defense attorneys for each defendant argued that their clients were not involved in the way Brown described.

Jeffrey Hall, attorney for Cater, said there is no physical evidence linking Cater to the crime, only the testimony of Brown, whose own criminal history makes his account "simply unbelievable."

David Shapiro argued that Malaga repeatedly urged the juvenile to rethink his actions and said, "Just take the kid home," which he said indicates her intentions to get the shooter to abandon his fatal plans.

Brennon Fuelling told the judge that Williamson was the driver but said he was forced to take the wheel and that Williamson's admissions to police "came under duress."

E-MAIL: lindat@desnews.com

Recent comments

What responsibility is the mother taking in all this? Her son was a...

Anonymous | Nov. 2, 2009 at 3:38 p.m.

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