Means applies for youthful offender status in capital murder case

Published 2:08 pm Monday, October 5, 2015

By EMILY SPARACINO / Staff Writer

COLUMBIANA – A Columbiana man indicted on a capital murder charge for allegedly killing 18-year-old Haleigh Green of Shelby has applied for youthful offender status and has filed motions for change of venue and appointing additional counsel.

Means

Means

An application for youthful offender status for 19-year-old Demarcus Means was filed in Shelby County Circuit Court on Sept. 25. If arraigned as a youthful offender, Means would waive his right to a trial by jury, and a judge would decide his guilt or innocence in the case, according to court documents.

Suspects found guilty in youthful offender cases fare a less-severe range of punishments.

A motion for change of venue filed Sept. 24 cited “extensive publicity” and media coverage of the crime as grounds for the change.

“At each of the early stages of this case against the defendant, the newspapers, broadcast media, online websites and other forms of communication in Shelby County, Jefferson County and surrounding counties have given the case such extensive publicity and in a manner so prejudicial to the defendant, that it is impossible to conduct a fair trial by an impartial and unbiased jury in this county,” the motion read. “The United States Constitution guarantees criminal defendants a fair trial by a panel of impartial and indifferent jurors. The United States Supreme Court has held that when prejudicial pretrial publicity or an inflamed community atmosphere precluded seating an impartial jury due process requires the trial court to grant a defendant’s motion for a change of venue.”

On Oct. 1, a motion to appoint additional counsel for Means, “to appoint one additional attorney, specifically Michael Shores,” was filed in circuit court.

“The State of Alabama has charged the defendant with capital murder and may seek the death penalty,” the motion read. “The defendant’s family has retained counsel but the defendant does not have the resources to retain additional counsel to represent him.

“Appointment of co-counsel is necessary to represent the defendant adequately,” the motion continued. “In a capital case, counsel is obligated to consider all potential claims, thoroughly investigate the basis of each claim, evaluate each claim in light of the unique characteristics of death penalty law – comprised of hundred(s) of state and federal death penalty decisions – and present each claim as forcefully as possible.”

Means’ attorney is Victor Revill.

Means, who is being held on no bond, is set to appear in court for his arraignment on Monday, Nov. 9 at 8:30 a.m.

According to his indictment, Means “did on or about July 5, 2015, intentionally cause the death of another person … Haleigh Green, by or through the use of a deadly weapon … shooting her with a gun, which was fired or otherwise used within or from a vehicle.”

In August, a murder charge against Means was upgraded to capital murder, which carries the possibility of the death penalty upon conviction.