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Prosecutors poke holes in murder suspect’s defense

01:00 AM EDT on Wednesday, July 16, 2008

By Gregory Smith

Journal Staff Writer

PROVIDENCE — Prosecutors say Marquise Jones drove a stolen car carrying two armed men to a murderous ambush on Route 95 on Dec. 7, 2004.

Jones, who is on trial in Superior Court on a charge of murder in the slaying of Brian Davis, 17, insists that he was playing video games at the apartment of his sister-in-law on the other side of the city at the time Davis was fatally wounded.

But the Sony Playstation 2 “Slim” video game console that Jones said he was using to play a football game on the Internet against players around the world would have required a router for Internet access, rebuttal witness and computer specialist Richard Suls testified yesterday.No such router has been produced as an item of evidence as having been part of the video game setup at the apartment.

Further, Suls testified, the video-game console that Jones said he used and is an exhibit in the trial was not manufactured until 2005 and not distributed in the United States until late 2005 — months after the night in dispute.

Suls, information network administrator and Web master for the office of Attorney General Patrick C. Lynch and who has video gamer experience himself, said he reached his conclusion about the date of manufacture by interpreting the model and serial numbers and data code on the exterior and interior of the console and by consulting with Sony representatives.

The attack occurred when the car that Jones, 21, of Providence, allegedly was driving on Route 95 supposedly drew near the car in which Davis was a passenger in a harassing manner. Malcolm Pulliam, driver of the car in which Davis was riding, took the Elmwood Avenue exit and stopped at a traffic light at the bottom of the off-ramp.

Jones pulled his car alongside Pulliam’s, with two firearms protruding from the windows, and shots were fired into Pulliam’s car, according to the prosecution’s version of events. Davis, who was in the back seat, was fatally wounded and Pulliam and a second passenger were slightly wounded.

Jones was indicted on six charges: murder; conspiracy to commit murder; discharging a firearm while committing a crime of violence, death resulting; conspiracy to discharge a firearm while committing a crime of violence, death resulting; and two counts of assault with a dangerous weapon.

Prosecutors yesterday told Judge Robert D. Krause that they want to drop the firearm conspiracy charge.

Two codefendants, Robert Crowell and Montrel Daniels, also were indicted, and their cases are pending. Crowell and Daniels — not Jones — fired into Davis’ car, according to trial evidence and prosecutors.

Jones has been on the witness stand twice in his own defense, and he said that he was video-gaming at the apartment of Chandra Fields, his sister-in-law, on Admiral Street, playing Madden 2005 and NBA Live 2005 for seven hours or more that night. He had nothing to do with the late-night killing, he swore.

Fields backed him up, testifying that he was at her apartment from 5:30 p.m. until at least 3 a.m., when she went to sleep, and that he was playing video games.

At one point yesterday Jones stepped down from the stand with the Playstation 2 console in his hand, stood in front of the jury box, and demonstrated how he claims that he used a telephone land line to access the Internet with an AOL attachment.

When Suls testified later, defense lawyer Russell Sollitto pressed him as to whether an “AOL disc” would have enabled Jones to play on the Internet. Suls conceded that it was “theoretically possible” but also said, “I’ve never come across it.”

Testimony was concluded yesterday, and Krause said closing arguments are scheduled for today.

gsmith@projo.com

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