The jury trials for the three suspects charged in the murder of a Waukesha gas station clerk earlier this year have now all been pushed back until 2016.
The trials for 20-year-old Kenneth Thomas, the man accused of killing 65-year-old Saeed Sharwani at a Citgo gas station on Whiterock Avenue in January, and 24-year-old Jerica Cotton, the alleged getaway driver charged with felony murder-party to a crime, had been scheduled for next week.
But after learning that the third suspect, Darrin Malone, in the case is having his trial delayed until February 2016, attorneys for both Thomas and Cotton requested their clients' trials be rescheduled until after Malone's trial.
Judge Lloyd Carter granted their request during what was scheduled to be a jury status hearing on Wednesday, Oct. 14.
Earlier this month, Carter agreed to postpone Malone's trial as well. Malone, charged with felony murder-party to a crime for his part in the killing, was scheduled to have his jury trial on Oct. 6.
However, Carter granted the request from Malone's attorney, Douglas M. Bihler, to have the trial adjourned because the defense wants more time to investigate another crime Malone was allegedly apart of just days before the Waukesha homicide. The state did not object to the defense's request.
A new trial date for Malone is scheduled for Feb. 16, 2016, while the new trial dates for Thomas and Cotton are scheduled for Feb. 23, 2016.
Brookfield incident
The delay for Malone comes on the heels of Waukesha County District Attorney Susan Opper filing a motion in court in late September looking to allow evidence from an armed robbery at a town of Brookfield 7-Eleven gas station, in which Malone allegedly played a part.
In that incident, Malone allegedly went to the gas station with Thomas and stole money and $310 in lottery tickets.
A criminal complaint says Thomas admitted he fired a gunshot to scare the clerk and then gave the gun to Malone and was instructed to grab the money. Thomas said the clerk threw the cash register at his leg and chased them out of the store before Malone started shooting at the clerk, the complaint said.
Thomas has been charged with first-degree recklessly endangering safety, armed robbery and possession of a firearm by a felon in the town of Brookfield incident. Malone has not been charged in that incident.
In a motion to the court, Bihler said that although the defense had much of the discovery regarding the armed robbery in the town of Brookfield, the defense has not investigated that incident since Malone has not yet been charged.
Bihler added he needed more time due to additional discovery. Bihler also said in the motion that because Malone is serving a prison term it is difficult to schedule meeting time with him at his prison.
'There has not been time to even inform Mr. Malone of this new information, let alone give him an opportunity to review and become familiar with the new discovery,' Bihler said.
Waukesha incident
In the Waukesha incident, according to a criminal complaint, Thomas told investigators that he, Malone and Cotton drove around Waukesha until they found a gas station. When they got near the Citgo, Malone handed him the gun.
After being dropped off by Cotton, who also allegedly drove them to the town of Brookfield gas station, Thomas and Malone entered the Citgo gas station just before 10:45 p.m. Jan. 13 wearing green Halloween masks, which Thomas said Malone supplied, the complaint said.
Thomas said the two put the masks on before he entered the gas station first. Malone is alleged to have stayed in the background during the armed robbery and shooting. Thomas said Malone told Cotton where to drive and made a comment that 'there was money out in Waukesha,' the complaint said.
While in the gas station, Thomas said he saw Sharwani drop money back by the counter so he jumped over the counter, the criminal complaint said. When Thomas jumped over the counter, Thomas said Sharwani ran and came around the counter and grabbed him. Thomas said this 'scared him' and that the gun, which was in his hand, went off.
Thomas said his finger was on the trigger, but he thought the safety was on the gun, according to the complaint. Thomas said he told Cotton and Malone he had shot somebody but he didn't do it on purpose. Sharwani died a short time later.
Malone remains at the Dodge Correctional Institution in Waupun, while Thomas and Cotton are at the Waukesha County Jail. At the Oct. 14 hearing, Cotton's attorney requested a bail modification but the court denied the request and her bail of $250,000 remained as fixed.