Apr 1, 2024 - Madison, WI
Kamonzi Turner is charged 1st-Degree Reckless Homicide.
In January of 2015 Turner shot Trevon Townsend in the parking lot of the Dutch Mill Park & Ride on Madison's east side. The two met a third man inside a car where there was
a discussion regarding the logistics of a marijuana sale. The discussion turned physical when Turner took out a gun and fired multiple shots. Turner and Townsend had known each
other since high school.
Townsend was left a paraplegic and remained in the hospital for roughly two months and the bullet was left lodged in his neck.
In 2016 Turner pleaded guilty to 2nd degree reckless injury and got an eight year prison sentence.
In 2021 Townsend suffered a medical emergency and was pronounced brain dead, passing away in 2022. An autopsy was performed and showed he died of "complications of a remote gunshot
wound of the torso and neck, with ensuing cervical spinal cord injury." The death was ruled a homicide.
Double Jeopardy?
Channel 27 News in Madison sat down with
UW Law professor John Gross to go over what qualifies as double jeopardy. Gross teaches criminal law and defense law, and is a former defense attorney. "If there's an additional
element to the offense, then it makes it a different crime," Gross explained. Turner's case wouldn't qualify since the new element is that the victim has since died.
"The prosecution can now try the person who committed that offense that led to the death again, because this time, they're gonna have to prove not just that he caused reckless injury,
but he caused reckless injury that resulted in death," he added.
"Their challenge is actually proving beyond a reasonable doubt that that injury was a substantial cause of the death because in the intervening years, other things could have
contributed to the death".
"If the delay by the prosecution wasn't excusable in some way, and it did lead to the destruction of evidence, or the inability of the defense to actually challenge some of these
findings that could be prejudicial to the defense," Gross added. "And they could be arguing that the charge should be dismissed, based on speedy trial grounds."
Kamonzi D. Turner - Alias Kamonzi D. Braxton (23) - Dane County Case 15CF778, 8 years in prison - 24CF760 Pending
Trevon D. Townsend
