Metro Atlanta / State News 8:25 p.m. Monday, October 19, 2009

Attorney: Benton's friend shot Spelman student

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The Atlanta Journal-Constitution

The attorney for the man accused of killing a Spelman student last month said he knows who "really" shot Jasmine Lynn.

"He's been waiting all along for his friend to come forward," Atlanta attorney Jackie Patterson said of his client Devonni Manuel Benton.

Benton was indicted Friday in the Sept. 3 shooting murder of the 19-year-old Lynn.

The night of her death, Lynn was walking by a fight that broke out on the campus of Clark Atlanta University and was struck down by a stray bullet, police said.

Benton, a student at ITT Technical Institute, was arrested earlier this month while he was in class.

His attorney Patterson said Benton gave in to his instinct to protect the friend he knew actually pulled the trigger.

"When you have guys that have been friends for years, you don't want to rat them out," Patterson said.

Monday, Patterson said his office completed an independent  investigation of the shooting with information gathered from Benton and people in Benton's neighborhood, and gave Fulton County District Attorney Paul Howard Jr. their findings.

"We gave him a name and an address," Patterson said.

Howard's investigators will follow up on the information.

But Howard, reached Monday evening, said he endorses the grand jury's decision.

"With respect to the information [Patterson} brought, the police department and he DA's office have painstakingly investigated this case and interviewed numerous witnesses," Howard said. "There is no doubt that the person who murdered Jasmine Lynn is his client."

Patterson accused police of pinning the blame on Benton because of a previous gun possession record, and faulty information.

"Witnesses misidentified my client," Patterson said. "When you've got a melee going on, you could have five people who you think did it."

Patterson said there was no evidence putting the gun in Benton's hand, although police say investigators collected ballistic evidence.

Benton was among a group of five friends who were involved in the fight with four other young men on campus that night, Patterson said. One of Benton's friends was severely beaten, and two others were also unable to escape the scene of the fight.

Benton and another man fled the scene, and that's when the other man shot, Patterson said.

So why didn't Benton tell police this?

"My client decided not to talk because he knew he had not done anything wrong," Patterson said. "He didn't tell police what he knew becasue they were too busy putting pressure on him ... so he shut down."

Patterson said he hoped the DA's investigators garner a confession from Benton's friend.

"We're hoping that whenever this person is interviewed, this person will have a conscience and clear my client," Patterson said.

Benton is due in court Wednesday morning at 9 a.m., for a bond hearing.



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