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Suspect's cooperation attributed to 'mental deficit'

Attorney: He went along with authorities

POSTED: August 29, 2012 7:00 a.m.
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A Forsyth County man charged in the 2010 killing of a grocery store security guard may have given authorities more information due to a “mental deficit,” according to his attorney.

In a hearing Monday, Forsyth County Superior Court Judge Jeffrey S. Bagley listened to arguments about whether statements made by Tyrice Kendall Adside, 20, during a criminal investigation were given freely and voluntarily.

Known as a Jackson Denno hearing, the legal proceeding determines whether those statements can be presented as evidence before a jury.

Adside is one of four young men charged in the Sept. 5, 2010, armed robbery at the Ingles on Canton Road during which a security guard was killed.

In April, 20-year-old Nakitta Holmes of Buford admitted to fatally shooting 37-year-old David Casto. Holmes received a sentence of life in prison without parole.

Sharod Johnson, 20, and Adside, both of Forsyth County, and Tavarius Jackson, 18, of Buford have pleaded not guilty to two counts each of armed robbery and felony murder and one count each of murder and aggravated assault.

During Adside’s hearing Monday, attorney James Hodes said his client has a “personality disorder” that kept his statements to a Forsyth County investigator from being voluntary.

“Mr. Adside was suffering from a mental deficit … that led him to wanting to be accepted, to be willing to follow,” Hodes said. “He had no ability to deny or stop an interview once it was started.

“He was going to go along with whatever Investigator [Jeffrey] Roberts told him to do.”

Roberts, called as a witness by the prosecution, said Adside signed a waiver stating he understood his Miranda rights and reaffirmed his signature each of the three times he was interviewed.

He said Adside was the most cooperative of the defendants in the case.

“He gave us a lot of information that I don’t think we would have had otherwise,” Roberts said.

Hodes said Adside’s unsolicited responses in the interview were related to his disorder.

Hodes planned to submit additional information about Adside’s medical background and mental capacity.

Sandra Partridge, assistant district attorney, said showing remorse for a crime and being cooperative in an investigation isn’t a “mental deficit,” but a smart move to “cut [himself] a better deal.”

“He clearly can’t be suggested to give them information they don’t have,” Partridge said. “He’s the one leading the officer.”

Bagley did not make a decision on the case so Hodes could submit additional evidence for the hearing.

The finalization of the Jackson Denno hearing and all other pending motions for Adisde and the others in the case were scheduled for Oct. 2.

The three, who remain in custody, appeared in court Monday, but Jackson’s attorney had a conflict and could not attend.

Without him present, Bagley opted not to hear the motions pertaining to the cases of all three.

 

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