Panama City Beach murder trial continues: Another gunman testifies victim grabbed gun
PANAMA CITY — A gunman found guilty of killing a Panama City Beach man in 2019 testified Tuesday afternoon that the victim had tried to grab a second gunman's weapon when it misfired.
But Andre Bivins, the man whose gun misfired, fired again, this time blasting a hole in the victim's stomach at close-range, Joshua Campbell told the jury at Bivins' trial Tuesday.
Background: Trial begins for last of 5 men accused in botched robbery that led to PCB man's death in 2019
'Mastermind' acquitted: Jury acquits man accused of masterminding Panama City Beach homicide in 2019
Campbell has already filed a plea in connection to the March 2019 shooting death of Edward Ross, who lived on Sunset Avenue with his father and step-uncle. He is awaiting sentencing, facing 35 years to life in prison, he acknowledged Tuesday when asked by Bivins' attorney, John Edward Eagen.
Bivins, 32, of Tallahassee, is charged with first-degree murder and attempted armed robbery, charges that stem from the botched robbery attempt that left Ross dead.
Prosecutors have argued that a "mastermind" gathered Bivins, Campbell and another man named Abel Ortiz and directed them to rob Ross, who was known to sell marijuana. A then-16-year-old boy named Jorge Hernandez was selected to drive the "mastermind" around until the job was done, prosecutors allege.
What happened the night Edward Ross was killed?
Campbell testified that Bivins led him and Ortiz into Ross' home. Ross' father, Kenneth Ross, testified earlier that Bivins told him, "Empty your pockets, Pops."
When Edward Ross appeared, he was wearing only a towel, Campbell said. Ross' father previously testified that he'd just gotten out of the shower.
"Bivins tried to shoot Ross and his gun misfired," Campbell said, adding that Ross tried to grab the gun, but Bivins fired again, shooting him.
But, Campbell testified Tuesday, when the gunfire started, everyone ran out of the house. Campbell said that since it was "the suburbs," police were expected to arrive quickly.
Accused mastermind Jorge Perez was also charged with first-degree murder and attempted armed robbery, but he was acquitted June 23 at trial. The others involved, including the teen driver, have been convicted — except for Bivins, whose trial began Tuesday.
Campbell answered questions posed by Prosecutor Mark Graham of the State Attorney's Office and Bivins' attorney, announcing that the fatal shooting happened "the day before my 21st birthday."
Like in the Perez trial three weeks ago, Campbell and Hernandez, who also testified Tuesday, said sentences in their cases have not yet been issued. The plea agreements they made include a specification that they "testify truthfully" at the trials of everyone involved.
Eagen had addressed that specification during opening arguments Tuesday morning, telling the jury that "All have a horse in this race, so to speak. They're looking to get the best benefit out of this for themselves."
Graham asked Campbell and Hernandez if any promises were made in exchange for their testimony to which both men said no. Each pointed out that they agreed to "testify truthfully." Campbell is facing a sentence of 35 years, 25 of which are mandatory, or life in prison.
Bivins' trial continues Wednesday at 8:30 a.m.
This article originally appeared on The News Herald: 2019 Panama City Beach murder: Victim grabbed gun, gunman testifies
