State won't seek death penalty for 2009 murder

May. 20, 2014 @ 09:41 PM

The state will not seek the death penalty in the case against the 37-year-old charged with killing Montrell Alston in 2009.

Alan J. Gibson, of 1316 Lehman St., appeared in Vance County Superior Court on Tuesday for a rule 24 hearing, which is a hearing in first-degree murder cases to determine whether the state will seek the death penalty.

Superior Court Judge Paul Ridgeway accepted the prosecution’s motion to declare the case non-capital.

Assistant District Attorney Allison Capps said Gibson’s case will stay in the Case Management System.

He is scheduled to appear in court for the next case management session on July 1.

The case management system provides defendants with three chances to resolve their case before trial.

Gibson was charged with first-degree murder, assault with a deadly weapon with intent to kill and first-degree burglary in connection with the shooting death of Alston, 28, of 687 Adams St.

He has been jailed in Vance County without bond since he was arrested March 5.

Alston was shot in his home at 1:45 a.m. Friday, Jan. 9, 2009.

He was pronounced dead after Emergency Medical Services personnel arrived on scene.

Robert Smith, 53, of 687 Adams St., Henderson, was also shot.

He was taken to Maria Parham Medical Center, but Smith’s injuries were not life threatening.

At the time, officers said robbery may have been the motive for the incident but would not comment further.

Darius Benson, 27, of 858 Eastway Drive, and Jemel D. Bullock, 29, of 422 Old Epsom Road, were also arrested and charged with first-degree murder in connection with Alston’s death.

They are scheduled to appear in Vance County Superior Court today for rule 24 hearings.

Travis Kingsberry, 31, of 159 Frank Sneed Road, Kittrell, is the fourth co-defendant involved in the case.

Capps said Kingsberry is in federal custody and has not yet been served an arrest warrant for first-degree murder.


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