A jury convicted a St. John man Friday of lesser charges in an ex-Merrillville quarterback’s death during a botched gun sale that quickly spiraled into a shootout.
Thurman Atkinson, 20, of St. John, was charged with murder and two counts of attempted murder. He had pleaded not guilty, saying he acted in self-defense.
Instead, jurors convicted him of voluntary manslaughter and two counts of criminal recklessness. His sentencing date is July 9.
It was “something of a mixed bag,” defense lawyer Scott King said after the verdict. While he was “disappointed” they didn’t buy self-defense, there was “some gratification” he wouldn’t face a long murder sentence.
The victim, Aahric Whitehead, 20, of Merrillville, died June 1, 2022, from six gunshots to his face and head in a parking lot in the 7200 block of Taft Street.
Deputy Prosecutor Chris Bruno told jurors in closing arguments Friday that Atkinson, then 16, intentionally shot Whitehead. Atkinson and former co-defendant Daniel Oloyede, then 18, “had a plan” to rob Whitehead of the gun he was going to sell to Oloyede, who was Whitehead’s former teammate.
King said Friday it was the “first time” he heard that theory.
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There was “absolutely no evidence,” they “spun it out of thin air,” and it was “absolutely made up,” he told jurors.
The lawyer said previously that Oloyede tried to CashApp $750 to Whitehead earlier that day for the gun at a Gary gas station, but it was blocked due to a transaction limit. He later picked up Atkinson and prepared to meet Whitehead again at another gas station.
There, Atkinson, who moved to the back seat, saw Whitehead pull a gun on Oloyede. Atkinson didn’t know Whitehead and had never shot a weapon before, the lawyer said.
His client testified Thursday he believed he was “going to die,” King said.
King gave jurors additional instructions — or options for a verdict. Instead of murder, they could choose voluntary manslaughter; they could also choose criminal recklessness instead of attempted murder.
Witnesses, according to court records, told police that Whitehead arrived in the parking lot in a blue Ford Fusion with two passengers. A short time later, Oloyede pulled up in a Toyota and parked to the left of him, court records show.
Whitehead got out of the Ford, took a gun box out of his trunk and told his passengers he planned to sell it for his uncle, according to a probable cause affidavit. Whitehead then got in the passenger’s side of the Toyota, at which point witnesses saw a second person sit up in the backseat, records said.
Whitehead went back to his car to grab his phone, but then he handed a second handgun to one of the passengers and told him to “Watch them,” records said. When Whitehead reentered the Toyota, the man in the backseat got out and pointed a rifle at him, records said.
As Whitehead and Oloyede “tussled” in the front seat, a witness heard someone say, “Shoot him,” according to the affidavit.
Whitehead’s passengers then got out of his car, and the one with the gun started shooting at Oloyede and the second man — later identified at Atkinson — as the two of them started running at the other two firing their weapons, records said.
Atkinson and Oloyede stopped firing when the armed passenger shot one of them, court records indicate.
Atkinson and Oloyede fled the scene on foot, but police found them later in the evening after officers called to Oloyede’s house on a report of a gunshot victim, records said.
Oloyede had been shot twice, records said. Atkinson was shot in the left foot, records said.
Prosecutors dropped charges against Oloyede in July, saying they couldn’t prove his case.
Post-Tribune archives contributed.