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Saturday, 20 August 2011

Police and prosecutors have alleged that members of the Boardman Street Boys, including Fields, were responsible for the Aug. 28, 2010, shooting outside Sam's Discount Party Store at 1205 W. Dickman Road.

Despite objections from the defense, Battle Creek police told a jury Thursday the city has several gangs including one involved in an alleged homicide last year.

Officer Tyler Sutherland, a member of the department's Gang Suppression Unit, said the Boardman Street Boys are responsible for several shootings and other crimes and show typical characteristics of a street gang.

Taking the stand Thursday in the Calhoun County Circuit Court murder trial of Brandon Fields, 18, Sutherland discussed in general terms the characteristics of gangs.

He said gangs are generally three or more people "who create power and profit through violence and crime."

A member of GSU for two years, Sutherland said gangs have weapons, claim an area or turf in the city and usually have a rivalry with another gang.

"They are always looking for an opportunity to show how powerful they are," Sutherland said.

He said gang members will use any reason to attack other gang members or other residents to exert their influence and create fear.


Police and prosecutors have alleged that members of the Boardman Street Boys, including Fields, were responsible for the Aug. 28, 2010, shooting outside Sam's Discount Party Store at 1205 W. Dickman Road.

Larry Carter, 36, was killed and two other men, Brandon Davis, 29, and Josh Mitchell, 23, were wounded. Investigators said the victims were unarmed when they were confronted outside the store and Fields and at least two others began shooting because of some perceived disrespect.

Two other men are awaiting trial.

"No disrespect goes unanswered," Sutherland told the jury. "That is the code of the gang."

The jury will return Tuesday when Circuit Judge Allen Garbrecht told them they are expected to hear the final witnesses, closing arguments, legal instructions and then begin their deliberations.

Defense Attorney Virginia Cairns objected to Sutherland's testimony, noting that the prosecution does not have to present a motive and that a general discussion of gangs was merely to prejudice the jury against Fields.

"They want to poison the well, drive the hammer," Cairns told the judge. "If this is permitted it is not a fair trial. It is designed to convict this young man by painting him with a stripe he doesn't have."

Fields denied to police that he was a member although he told officers he spends all his time with other members.

And Sutherland told the jury that Fields has a tattoo of a "B" and that gang members would not allow a non-gang member to have a gun or take them to the scene of their crimes.

After the jury was dismissed for the day, Cairns told Judge Garbrecht that during her cross examination of Sutherland, Assistant Prosecutor Jeff Kabot was drawing a picture of her which was seen by at least one of the jurors.

"I am shocked and it is most inappropriate. It is absolutely demeaning. I do not merit that type of low treatment and I want this on the record."

Garbrecht said he was not aware of Kabot's drawing and Kabot said it simply was doodling he frequently does at his table.

"I always draw pictures and it was and it wasn't her. It was not demeaning and it did not portray her in a negative light. It wasn't anything that was intended to offend."

"It got a reaction from at least one of the jurors," Cairns said.

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