By Bill Byrd
Times West Virginian
FAIRMONT
September 17, 2008 02:29 am
—
Two co-defendants of a 24-year-old man charged with firing the fatal shots in a drug-related murder conspiracy last year testified against him Tuesday — one by audiotape and the other in person.
The murder and conspiracy trial of Lincoln S. Taylor of Huttonsville continues at 8:30 a.m. today before Marion Chief Judge David R. Janes.
Taylor is charged with shooting Derrick D. “Lil D” Osborne, 22, shortly before midnight on Memorial Day 2007. After being wounded three times, Osborne collapsed and died in the backyard of a Highland Drive home in Bellview.
Paul Harris, Taylor’s defense lawyer, told the jury of eight women and four men that Taylor has an alibi. The defense will call a witness who will testify that Taylor was with her in Buckhannon on the night of the murder, Harris said in his opening statement Monday.
The defense also has witnesses who will say Donnell D. Lee, 24, told them he did the shooting, Harris said.
But Marion Prosecutor Patrick N. Wilson played a 25-minute recording of a police interrogation of Lee on July 2, 2007, for the jury. Lee was found guilty late last month by a jury of murder and conspiracy.
When Lee gave that statement, he had a lawyer present to represent him, the prosecutor said.
Lee said Lafayette Y. “Goldy” Jenkins Jr., 25, had decided that Osborne had to be killed. Osborne, a new drug dealer in Fairmont, had flashed a gun at Jenkins during a tense summit at a local convenience store several weeks before Memorial Day.
Osborne and Jenkins were locked in a power struggle, Lee said.
Jenkins soon told him he had “found somebody” to do the job, he said.
“It was Lincoln ... he was already doing business with Goldy, selling drugs. He owed Goldy some money,” Lee said, estimating the debt at $2,000.
Wilson also called Steven H. Podolsky, 24, who testified he was Taylor’s driver on the night of the murder. Podolsky agreed to plead guilty in January to conspiracy and being an accessory after the fact.
As he did at Lee’s trial last month, Podolsky recited a detail-packed account of the shooting.
A friend of Taylor since grade school, Podolsky said he never really believed Taylor would shoot Osborne until about 20 to 30 seconds before hearing the first shots fired.
Both were attending Fairmont State University in the fall of 2006. Podolsky said Taylor had dropped out of West Point and returned to West Virginia. Taylor was enrolled at FSU, and the two rekindled their friendship. Although Podolsky dropped out again that fall and returned to the Mill Creek area in Randolph County, Taylor was still at FSU.
Taylor knew he had been selling drugs, Podolsky said. Podolsky said he himself was an opiate addict at the time.
Taylor had some money from West Point, and he asked Podolsky to help him sell drugs. Podolsky agreed.
In the spring of 2007, Taylor was buying heroin, cocaine and Ecstasy pills from Jenkins, Podolsky said.
Taylor and he were then bringing the drugs to Randolph County for resale. But because they were using a lot of the drugs themselves, they were only “breaking even.” Over time, Taylor’s debt to Jenkins grew to about $2,000, Podolsky said.
The pair broke into some cabins in a remote part of Pocahontas County and stole some TVs. They gave them to Jenkins to barter for more drugs. Taylor and Podolsky also broke into some houses to steal electronic goods, like DVD players and stereos, Podolsky said. They also stole some copper wiring to make money.
They also did odd jobs to raise money to pay down the drug debt, he said.
About five to six weeks before the murder, Taylor went into an uncle’s house in Randolph County when the older relative was not at home. Taylor stole his uncle’s MAC 90 assault rifle and an old, but still-working pistol, Podolsky said.
Podolsky said he went with Taylor to Fairmont to show Jenkins the rifle. After showing him the rifle, Podolsky and Taylor went to the home of one of Podolsky’s friends in Fairmont to file off the weapon’s serial number.
About the same time, Podolsky said he heard from Taylor that Jenkins and Lee were getting concerned about threats by Osborne.
Taylor held himself out as “a person who could handle that type of situation,” Podolsky said. Taylor had let Jenkins and Lee know that he had gone to the U.S. Military Academy and also that he knew about firearms.
Taylor was trying to act tough, Podolsky said. “He made himself to sound like a hit man.”
But Taylor really wasn’t that type of person. He was reassuring Podolsky, telling him it “wasn’t enough money ... but the debt kept escalating.”
About a week before Memorial Day, Jenkins gave Taylor a gun. For about 90 minutes to two hours that night, the pair drove around Bellview and the apartment of Osborne’s girlfriend on Highland Drive. They didn’t see Osborne that night, however, and they returned the “throwaway” gun to Jenkins.
Earlier, Lee, Jenkins, Taylor and he had been shown where Osborne was staying in Fairmont, Podolsky said. During a “drive by” of the neighborhood, Lee had shown them the apartment. Lee also gave them a description of Osborne and told them Osborne would be driving his girlfriend’s Saturn.
Taylor told Jenkins he needed some money to buy dark clothes and shoes for the hit. Jenkins gave him a black, long-sleeved shirt and $20. Taylor and Podolsky went to the Wal-Mart Superstore in Fairmont where Taylor bought black sweatpants and cheap black tennis shoes. The shoes were 1 1/2 to 2 sizes smaller than his real shoe size, Podolsky said. Taylor wanted them so if police ever questioned him, he could say that wasn’t his shoe size, Podolsky said.
Taylor also cut a baseball-sized hole in a black toboggan.
Just before Taylor dropped him off “in some bushes” near the apartment, Taylor had changed into the clothes and pulled the toboggan down over his face.
Podolsky kept driving Taylor’s silver Dodge Stratus, not stopping to park until he reached a graveled pull-over area about 75 yards away.
The apartment was behind him, and he couldn’t see Taylor, Podolsky said.
He was sitting behind the wheel, slouched down and smoking cigarettes because he was nervous, he said. After about 25 minutes, he called his girlfriend on a cell phone. Taylor had told him not to call anyone, but Podolsky said he wanted to tell her he was running late.
Just then, he saw a Saturn car coming down the road toward him. A black man talking on a cell phone was driving it, Podolsky said.
About 20 to 30 seconds later, he heard gunshots. So did his girlfriend. She started crying and asking him what was going on. Telling her he was all right, he quickly hung up. Taylor jumped into the car.
They drove away into the night, ending up on the banks of the Monongahela River near Fairmont’s wastewater treatment plant.
Taylor stripped his clothes and shoes off. He put them in a black mesh backpack and then set the pack on some railroad tracks and set it afire. He also splashed water on his face, neck and arms to get rid of gunshot residue.
And he broke down the Glock .40 caliber pistol Jenkins had given him and scattered its parts in the woods and river.
Despite a scare — a vehicle with a spotlight appeared at the top of the hillside entrance to the gated area by the river bank and then started coming down the hill toward them — they stayed there until about 3:30 a.m., Podolsky said.
By that time, Taylor had gotten through on a cell phone to Jenkins. They drove across town to Jenkins’ apartment, went inside and told him what had happened.
They then went home to Randolph County, taking U.S. Route 250 south to Taylor County, Podolsky said. They first went to his house and then to Taylor’s house. They had to wait until after Taylor’s mother had left to teach school that morning, Podolsky said.
On cross examination, Harris asked Podolsky if he had ever told a State Police trooper that Lee was at the murder scene.
Podolsky said he couldn’t remember.
Harris also asked him whether he had ever been admitted to Chestnut Ridge in Morgantown. Podolsky said he had sought outpatient treatment there for about a month for his addiction to pain pills.
Harris also said Podolsky had been charged with stealing four vehicles two days after the murder and selling them in Randolph County. He asked Podolsky why those charges were dismissed.
Podolsky replied he had never been indicted. It’s his understanding that after three grand jury terms without action by the state, such a charge is dismissed, he said.
Harris also introduced evidence of a prior charge in New Jersey for aggravated assault on a police officer. Aside from the present murder charge, Taylor has never been arrested in his life, the defense lawyer said.
Podolsky said he never raised a hand to police in that incident. It happened at his 21st birthday party at his older brother’s condominium. Neighbors filed a noise complaint. When police knocked on the door, they entered the apartment. When his brother asked where was their warrant, they wrestled him down, maced him, handcuffed him and started knocking his head on the floor.
When Podolsky said he and a friend stood up and also started asking about the search warrant, police also took him down to the floor and handcuffed him. He was dragged down two flights of stair and at the station, when he asked about his brother, the officer said, “You’re not in West Virginia anymore” and kneed him in the head. The blow sent his head into the wall, and he was knocked out, he said.
Their defense lawyer told them they would never win against the police so the matter was plea bargained down, Podolsky said.
In his final round of direct examination, Wilson asked Podolsky how many times he had told him to just tell him the truth. If Podolsky really could say that Taylor, his lifelong friend, didn’t do the shooting, then that would be OK, Wilson said.
But Podolsky couldn’t say that because it wasn’t the truth, the prosecutor said. Nodding his head in agreement, Podolsky quietly said yes.
E-mail Bill Byrd at bbyrd@timeswv.com.
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