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Last updated on Thursday, January 16, 2014
(WASHINGTON) - The Attorney for one of three defendants jailed in the shooting death of 17-year-old Devon Burris in early December has petitioned the court for a change of venue.
Michael Chestnut, the attorney for 19-year-old Lucas Benjamin, filed the motion with Daviess County Superior Court citing Benjamin would not receive a fair trial because of public outrage, hostility, prejudicial reports in local news media, and disclosure of Benjamin's prior criminal history.
Burris was shot when a drug deal went bad on Oak Grove Road near Ebernezer Church in Washington.
18-year-old Logan Evans has been charged with the murder. Benjamin was charged with conspiracy to commit murder and 18-year-old Heaven Berry was charged with providing assistance to another who committed the crime of murder.
According to court documents, Berry told police that Logan Evans is her cousin. After learning about the shooting on Facebook, she told Evans to stay at her apartment.
It was there he admitted to shooting Burris during a drug deal at the Ebenezer Church in what's called "Boxtown" in Washington.
Evans wanted to buy meth from Burris, and he brought Benjamin with him. Berry told police Burris had others with him, including a man with the alias "Debo." Berry told police "Debo" started an altercation with Benjamin. And when Burris approached Evans, Evans fired a gun, shooting Burris in the neck.
Evans told his cousin he had no intentions of killing Burris. The shot was meant to scare him. Burris managed to get into a Cadillac, which was seen fleeing the scene.
Police say Burris was left at the emergency department of Daviess Community Hospital, where he died.
Police are tight-lipped about the case and wouldn't comment on specifics.
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