JACKSON, MS (WLBT) - Defense attorneys believe the judge in the capital murder trial of a teen erred by refusing to tell jurors that he may have participated in the killing out of fear of a co-defendant. Attorneys for 0emarious Banyard made the argument before the Mississippi Supreme Court.
In 2006, 13-year-old Banyard was convicted of capital murder in the shooting death of Robin Ballard. Prosecutors said Ballard was shot in the neck in February 2003, during an attempted robbery. At trial, defense attorneys had contended that co-defendant Dennis "Junior" Ragsdale had pressured Banyard into participating in the attempted robbery.