By Larry Hannan
DeShawn Leon Green dodged Death Row once, but his luck might be running out.
The jury that convicted Green, 28, of the first degree murder of Robert Lee Kearney recommended by a 7-5 vote Wednesday that Green be given the death penalty.
Green, wearing a black suit and blue shirt without a tie, stared down at the ground and remained expressionless while the recommendation was read.
The jury had the choice of life in prison without parole or the death penalty. Circuit Judge James Daniel will make the final decision, likely early next year.
Prosecutors said Green shot Kearney at Confederate Point Apartments in March 2009 because two friends of his had been shot at earlier in the night at Confederate Point, and he was out for revenge.
Defense attorney Christopher Anderson told jurors that they couldn’t sentence Green to death if the murder wasn’t premeditated.
“It’s not clear that Robert Kearney was even the intended target,” Anderson said.
Anderson also introduced evidence showing that Green was traumatized by his own father’s murder in 2004 and may have had a learning disability.
Prosecutors responded by bringing up Green’s past criminal history. He was previously convicted in the 2009 shooting of Willie Golden. Police said Green killed Golden in retaliation of a drive-by shooting on a drug house that Green ran.
Jurors in the Kearney case did not know about the Golden murder during the trial.
Assistant State Attorney Richard Mantei reminded jurors that Green had 10 juvenile arrests, and had been 89 juvenile justice referrals.
Prosecutors will get one more chance to send Green to death row. He will go to trial a third time for the murder of Bryan Clemons, 23, who was gunned down with an assault rifle in April 2009 as he sat in a chair in a home on West 13 th Street.
A date for that trial has not been set.