Man accused of killing 3 and injuring 1 in shoot-out to be sente - CBS News 8 - San Diego, CA News Station - KFMB Channel 8

Man accused of killing 3 and injuring 1 in shoot-out to be sentenced

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SAN DIEGO (CNS) - A gang member who shot at rivals outside a liquor store in 2003 to avenge the killing of his close friend, killing two female bystanders and injuring a 7-year-old boy, is scheduled to be sentenced Tuesday in a downtown courtroom.

James Lionel Carter, 37, was convicted in June of two counts of murder, three counts of premeditated attempted murder and one count of conspiracy to commit murder. He faces a sentence of life in prison without parole.

In his closing argument, Deputy District Attorney Robert Hickey urged jurors to convict Carter for the shooting outside Dr. J's liquor store on New Year's Day 2003.

Carol Waites, 45, and 32-year-old Sharen Burton were killed in the shooting in Lincoln Park, and Waites' 7-year-old nephew was wounded.

The victims had stopped at Dr. J's on Logan Avenue on their way home from church about 1 a.m when the shots were fired.

According to the prosecution, two carloads of gang members pulled up to the store and an "incredible number" of shots rang out, probably more than 50.

Carter's gang was "enflamed" by the murder of his close friend, Thomas Brown, 24 hours earlier, Hickey said.

The prosecutor said Carter and his fellow gangsters shot at their rivals, who hid behind the victims' car.

In his closing argument, defense attorney Brad Patton said that circumstantial and "snitch" evidence wasn't enough to convict his client.

Rap lyrics found in Carter's jail cell last year, which prosecutors claim are confessions to the murders, were nothing more than lyrics written by a man interested in going into the rap lyric production business, his attorney said.

Patton said the prosecution's theory of the shootings is not consistent with the incident's timeline.

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