Jurors must determine if racism motive for shooting of black man

By Matt Pordum (contact)

Monday, June 27, 2005 | 11:02 a.m.

Did a 22-year-old white man shoot a black male in the chest because he was acting in self-defense or because he's a racist and objected to the fact that the victim was dating his younger sister?

That's the key question jurors are facing in the trial of Stephen Gibson. He is charged with attempted murder with use of a deadly weapon, battery with use of a deadly weapon and mayhem for shooting 28-year-old Corey Garnett on Jan. 15 in the parking lot of a 7-Eleven located at 780 N. Nellis Blvd.

The shooting left Garnett with paralyzed legs.

Prosecutors contend that after Stephen Gibson was informed his then-16-year-old sister, Heather, was dating Garnett and had been seen kissing Garnett, his family became enraged, so they set up and carried out the shooting.

On Friday Garnett testified from his wheelchair in court that Heather Gibson made it clear to him that her family didn't approve of their relationship because he is black.

"It wasn't about me being older, it was an issue of color," Garnett said. "This happened because I'm black."

Garnett said he was at the Long John Silver's fast food restaurant where Heather Gibson worked when, after talking to her cousin, suddenly her mother, father, aunt and uncle appeared.

After leaving the restaurant, he said Stephen Gibson's uncle followed him as he walked over to the 7-Eleven down the street. At the convenience store, Garnett was confronted by Stephen Gibson, his girlfriend and three of their friends.

Witnesses interviewed by police said a verbal altercation ensued that turned physical when Stephen Gibson pushed Garnett and produced a handgun. Gibson then shot Garnett once in the chest, according to the police report. Gibson and the others fled after the shooting.

One witness chased after Stephen Gibson as he sped away. Prosecutors said the "good Samaritan" went as far as trying to block one of the side roads the group was using to flee, but said the driver went up on the curb to go around them.

Heather Gibson testified she "fell in love with" Garnett, but her parents "didn't like him because of his violent background" and her brothers didn't like him "because of his age."

Garnett admitted to being a former gang member who went by the moniker "Corndog." He is a three-time felon, having been convicted of possession of drugs with the intent to sell, attempted home invasion and forgery.

"They (her brothers and parents) did not know we were dating, it was a secret relationship," Heather Gibson said. "I feel bad about what happened to Corey (Garnett)."

Gibson said Garnett's race was "never an issue." She said on the night of the shooting she remembered being at work and hanging out with Garnett while he ate.

She said her cousin, Cory Tackett, was working at Long John Silver's with her the night of the shooting and she remembers the two having a conversation. Tackett testified Friday that Garnett said he wanted Tackett to tell Stephen Gibson and his brother Samuel to "keep his name out their mouths or he'll come over and shoot up your house."

Tackett said he quickly called Stephen Gibson who managed to get in touch with his mother, who then decided to head down to the restaurant. Stephen Gibson's girlfriend, 34-year-old Lorelli Chavez, said she and Gibson were on the way to California to visit her dying grandmother the night of the shooting and they had stopped at the 7-Eleven to buy "food and snacks" for the trip.

She said they came across Garnett by coincidence. She said Stephen Gibson went up to Garnett and asked, "Why are you telling my cousin you're going to shoot up my mom's house?" Chavez said Garnett walked toward Stephen Gibson and said "Well, what are you going to do about it?"

She said Stephen Gibson began moving away from Garnett and said "I just want you to stay away from my sister, she's too young for you." She said she then noticed "something shiny" in Garnett's hand and he made slashing motions toward Stephen Gibson.

Chavez said at the time she didn't know Stephen Gibson had a gun as he warned Garnett, "Don't make me use this" "He (Garnett) said, 'What are you going to do, you don't have the balls to use it,' " Chavez said. "He (Garnett) took another swing and then the gun went off." She said after the shooting everyone got in the car and they drove off to California to see her grandmother.

Prosecutors said they have never been able to confirm whether or not Chavez's grandmother was on her deathbed at the time of the shooting. Although prosecutors chose not to bring it out in court, Chavez has been previously convicted of accessory to murder and assault with a deadly weapon.

Stephen Gibson's uncle, Clyde Tackett, said he went along with his sister to the restaurant because he was concerned about Garnett's alleged threat.

Tackett admitted to following Garnett out of the restaurant, but only for the purpose of seeing what kind of car Garnett drove. He did follow Garnett up to the 7-Eleven parking lot, however, and witnessed the incident.

He said it was Garnett who was the aggressor and said Stephen Gibson "was backing up the whole way" during the confrontation.

"Corey (Garnett) swiped at Stephen's (Gibson) midsection and he backed up with arms in the air and then I saw an explosion come out of his (Gibson's) right hand," Tackett said. "Cory screamed and fell to his knees, laid down on his stomach and rolled over." Tackett said he had no problem with the fact Garnett was black or that he was dating Heather Gibson.

"Why would I be upset about who she dates?" Tackett said. "I didn't even know him (Garnett)." Neither Tackett, his son, Chavez, Joyce Gibson or Heather Gibson have ever contacted the police in regard to the shooting. Additionally none of them have responded to several attempts made by the district attorney's office investigators to interview them.

Joyce Gibson said she went to the restaurant because she "was told he (Garnett) was down there and she (Heather Gibson) was having an affair with him." "I wanted to confront her (Heather Gibson) about it because she had been lying to me," Joyce Gibson said. "I was devastated."

When Gibson arrived at Long John Silver with her husband, brother and sister-in-law she looked in the window and saw her daughter and Garnett kissing, she said. Joyce Gibson said the issue of Garnett's color was never an issue, but said "his age was a big factor." Stephen Gibson's attorney, Peter Flangas, said there is no evidence to support the idea the shooting was race-related.

"The prosecutors are so desperate in this case that they have brought out the race card even though there is no evidence in the case to support the claim," Flangas said.

"This case is all about him (Garnett) threatening to shoot up the house. You need to remember, he's a three-time felon."

Stephen Gibson has no previous criminal record and is in custody on $100,000 bail. He is expected to testify this morning.