CLEVELAND — A Cuyahoga County Judge has ruled against a motion filed on the grounds of double jeopardy to have charges dismissed against three defendants for the kidnapping and death of Alishah Pointer.
Judge Janet R. Burnside ruled against the motion on Wednesday, which sought the charges brought against Anthony Bryant, Brittany Smith and Hakeem-Ali Shomo to be dismissed.
The motion followed a mistrial in their case back in March. The mistrial was declared after a procedural communication that was sent only to the prosecutors in the case and not the defense attorneys.
Court records state that because the communication was only sent to the prosecutors, it could be considered ex-parte and "out of an abundance of caution, the court granted the mistrial, and the judge recused himself from the case."
Burnside wrote in the judgment entry that the judge presiding over the issue, Judge John Russo, "did not provoke a mistrial or intend to cause one and that defendants voluntarily requested mistrial even though Judge Russo willingly recused."
CLICK HERE to read the full judgment entry.
Pointer's death
According to court records, on Nov. 4, 2021, Destiny Henderson, Portria Williams, Nathaniel Poke, Jr. and Shomo drove to a residence near Glenmont and Superior in East Cleveland.
Henderson and Shomo, who were armed with a gun, allegedly forced two women to get inside their vehicle and take them to Pointer's location, court records show.
Pointer was then allegedly lured outside and taken by gunpoint to Williams' house. Court records state Shomo, Anthony Bryant and Brittany Smith then assaulted her.
Henderson, Smith, Williams, and Bryant allegedly forced Pointer inside a vehicle and drove her to an abandoned house near Savannah and Montana avenues, where she was shot and killed.
Pointer's body was found on Nov. 9, 2021.
Six people were indicted for Pointer's death:
- Anthony Bryant
- Brittany Smith
- Hakeem-Ali Shomo
- Destiny Henderson
- Portria Williams
- Nathaniel Poke Jr.
Henderson, Williams and Poke previously pleaded guilty and are awaiting sentencing.
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