JOHNSTOWN - Witnesses say the first of two shootings in Gloversville last August was prompted by a dispute over a woman and drug money.
The victim took the stand Wednesday in Fulton County Court in Johnstown and identified a Brooklyn man as the gunman before testimony ended and the attorneys delivered their closing statements.
Judge Richard C. Giardino is expected to charge the jury this morning, allowing it to begin deliberations.
Codie Hayward, 24, the victim in the Aug. 12 shooting at his Littauer Place apartment, was shot several times. He has bullet wounds in a forearm, his right leg and his chest.
Hayward identified the shooter as Tyquanne "Turk" Madison, 24, who was found in Connecticut by U.S. marshals in September and transported by police to Gloversville in October.
Madison was indicted in December by a county grand jury. He was charged with second-degree attempted murder, first-degree criminal use of a firearm and second-degree criminal possession of a weapon, all felonies.
After hearing the argument of Madison's court-appointed attorney, Mark J Gaylord of Schenectady, Giardino agreed to reduce a first-degree assault charge to first-degree attempted assault. Giardino determined Hayward did not suffer serious physical injury, which is required for the first-degree assault charge.
Madison faces up to 25 years in prison.
According to testimony from investigators, four bullet casings were found on a bed in Hayward's one-bedroom apartment. One bullet remains lodged in Hayward's armpit after it traveled across his chest, missing major blood vessels and vital organs.
He had two bullets in his right leg, but only one remains. He removed the other while he was in prison, he said.
In 2007, Hayward survived being shot in the face by his neighbor, Jason Rose, who is serving a 10-year prison sentence. A bullet from that shooting remains lodged in his face.
Hayward, wearing a white dress shirt and khaki pants, testified while wearing handcuffs. He was transported from Sing Sing Correctional Facility in Ossining, Westchester County, where he is serving a seven-year sentence in connection to the shooting and robbery of David Ortiz outside Naif's Discount Beverage & Tobacco on North Main Street in Gloversville fewer than two weeks after he was shot.
Hayward testified in that case against Louis "Black" Robinson in February, who was sentenced to 18 years in prison for his involvement in the robbery.
Hayward said on the stand Wednesday he picked up Madison from the Albany bus station two days before the shooting.
Hayward testified another man, Marvin "Loco" McLaurin, gave his ex-girlfriend $700 to buy drugs in New York City.
When she did not return, McLaurin told Hayward to "grip up," Hayward testified, meaning get a gun to defend himself.
Hayward testified McLaurin, whom he has known for four to five years, also believed Hayward was trying to set one of his girlfriends up with another man.
Hayward was living in an apartment with one of McLaurin's girlfriend's names on the lease, he testified, adding that McLaurin had several apartments where people from New York City would stay while selling drugs for him in Fulton County.
In the hours before the 4 a.m. shooting, Hayward said he believed he had smoothed things over with McLaurin and removed his gun from his residence.
"He rocked me to sleep," Hayward said, explaining that means "he got me in a position I wasn't armed and there was no way to defend myself."
He visited local bars that night, picked up marijuana at a friend's house and returned to his apartment to receive a phone call from Madison, he said, saying he was downstairs from his second-floor apartment.
Madison, whose suitcase was found in the apartment, came into Hayward's bedroom with him. Hayward was on his computer, got up to get a beverage, and saw Madison "looking crazy" with a gun in his hand.
According to Hayward, Madison asked if he had been with Robinson that day. Hayward lunged for the gun. It fired into his arm, jammed, and then fired a bullet into his chest, he said.
Hayward said he fell to the ground and "played dead" as Madison shot him again twice in the leg.
He heard Madison leave, dragged his right leg down the stairs, outside, and down Littauer Place to the corner of East Fulton Street, where he collapsed and was found by two women who called police.
Hayward testified he didn't call police because he was on parole after serving prison time for a drug conviction. He'd been released a month earlier.
Hayward said he didn't know Madison had any knowledge of his dispute with McLaurin, but other witnesses testified they drove Madison to Hayward's apartment and heard McLaurin say he was going to get someone to shoot Hayward, Fulton County District Attorney Louise K. Sira said in her closing statement Wednesday.
Gaylord, in his closing statement, questioned the credibility of witnesses who testified against Madison, suggesting Madison was the scapegoat for McLaurin.
He noted that many witnesses, including Hayward, lied to police for months, and pointed out their involvement in selling drugs and other illegal activities.
"There's a 33.3 percent chance someone else shot Codie Hayward," Gaylord said. "There's not proof beyond a reasonable doubt."
McLaurin refused to testify Wednesday.
Gaylord noted members of the jury all appeared caucasian, but then said race is irrelevant. Sira objected.
"This isn't a referendum on race or people coming [to Fulton County] from other areas," Giardino said.
"Lifestyle is not on trial here," Sira said in her summation.
"The criminal justice system does not dictate morality," she added.
She said the witnesses were uncooperative initially because many of them have a "culture of going along to get along."
"In the world they're living in, you can't snitch. It's hard to escape your past," she said.
Giardino is expected to charge the jury with instructions this morning before they begin deliberations.
Amanda Whistle can be reached at firstname.lastname@example.org.