A Malden teenager pleaded guilty Tuesday afternoon to a lesser assault charge in connection with a May drive-by shooting on Business 60, east of Poplar Bluff.
Naaman Jahl Caldwell entered a plea of guilty to the Class B felony of first-degree assault, appearing before Presiding Circuit Judge Michael Pritchett.
The now 17-year-old originally was charged with the Class A felony of first-degree assault, the Class B felony of unlawful use of a weapon and the unclassified felony of armed criminal action. He earlier was certified to stand trial as an adult on his charges.
He was accompanied by his attorney Katie New with the Public Defender’s Office for the plea/trial setting in his case.
The state was represented by Butler County Prosecuting Attorney Kacey Proctor, who filed an amended information with the court.
The amended information alleged on May 30, Caldwell attempted to cause serious physical injury to Isaiah L. Brown by shooting him.
New told the court her client was waving arraignment on the new charge, and it was his intention to plea guilty pursuant to negotiations with the state.
“You intend to plead guilty to the amended charge,” Pritchett asked.
“Yes, sir,” Caldwell replied.
Caldwell also answered affirmatively when asked whether he understood the charge and its punishment range of five to 15 years in prison.
Pritchett then went over Caldwell’s rights, including his right to have a trial.
Based on negotiations, Proctor said, if Caldwell agreed to plea to the amended charge, the state would recommend a 10-year sentence.
Proctor said the state further agreed to “dual jurisdiction” with the Division of Youth Services.
Caldwell, he said, would be sentenced to the Division of Youth Services at “the beginning of his sentence,” until he reaches age 21.
At that time, Proctor said, Caldwell could serve the remainder of his sentence in the Missouri Department of Corrections or be placed on supervised probation through the Board of Probation and Parole.
The defense asked that a sentencing assessment report be completed by Probation and Parole and for DYS to receive a copy of it.
Pritchett asked the teen whether he wanted to enter a guilty plea.
“Yes,” Caldwell replied.
“How do you plea to the amended charge of the Class B felony of assault in the first degree?” Pritchett then asked.
“Guilty,” the teen replied.
Proctor then told the court what the state’s evidence would have been had the case gone to trial.
Proctor said Butler County Deputy Richard Bruder and others would have testified about how they responded to the scene, located on Business 60, outside of the Poplar Bluff city limits.
Proctor said the officers contacted those in Brown’s vehicle, who would have testified about going to Bullwinkle’s for the purpose of selling narcotics.
The testimony, he said, would have been that Brown got out of his truck and contacted those in the “suspect vehicle,” including Caldwell, all of whom were in a Chevrolet Impala.
After the transaction didn’t happen, Proctor said, Brown and his passengers drove back toward Poplar Bluff.
Eight shots, allegedly fired by Caldwell, who was a backseat passenger in a passing Chevrolet Impala, struck Brown’s truck, with two of the rounds also hitting the 20-year-old in the left hip area.
“Detectives will testify they contacted other witnesses, who gave similar accounts,” Proctor said.
Caldwell, he said, later was contacted, told his rights and gave “his account of the shooting.
“Naaman admitted that he and some others were going into Poplar Bluff to purchase narcotics” and had agreed to meet at Bullwinkle’s.
Caldwell reported Brown got out of the vehicle and walked over to the car he was in, according to Proctor.
“For whatever reason, the narcotic exchange did not take place,” he said.
The teen reported they were following Brown’s truck when he pulled a gun and fire multiple rounds, Proctor said.
“He didn’t know how many shots he fired, but it was more than one,” he said.
One of the shots, according to earlier reports, hit and broke Brown’s pelvis.
Before accepting Caldwell’s plea, Pritchett questioned the teen further.
Caldwell said he had been living in Malden since January, previously having lived in St. Louis.
When asked whether he had a problem with drugs, Caldwell answered yes. The teen said he was been in something like “rehabilitation” for nine months last year in St. Louis.
After extensively questioning Caldwell, Pritchett said he accepted his plea was done “freely, voluntarily and intelligently” with full understanding.
Pritchett then ordered a SAR be completed and set sentence for 1 p.m. Oct. 8.
J