15 year old found not guilty in drive by shooting

By Linda Cicoira

Several charges against a 15-year-old Norfolk boy, with ties to the Eastern Shore, were dropped Tuesday in Northampton Circuit Court, where he was being tried as an adult in connection with a drive-by shooting that occurred last year in the Bayview area of Cheriton.

After some deliberation, Judge Lynwood W. Lewis Jr. acquitted Massai Lamir Giddens of the remaining violent allegations because the only thing that tied the defendant to the incident was the testimony of another suspect, 19-year-old John Davis Barbour, of Redwood Road in the Onancock area, whose trial for related charges is set for Oct. 27. Barbour disclosed that he goes by the rap name J Murdah.

Giddens was 14 years old when the incident occurred on the late night of June 14 and the morning of June 15 on Bluebird Road in 2024. Cars and apartment buildings were struck by gunfire coming from a blue Chevrolet Malibu. Neighbors were socializing after a barbecue and were videotaped running for cover. One young woman, who had just graduated from high school the previous night, was struck by gunfire, causing her to have to undergo a procedure to remove shrapnel from her foot.

Nineteen-year-old Nykeem Ijour Bailey, of Walnut Lane in Birdsnest, who is related to Giddens, admitted in June to malicious wounding by a mob, shooting at an occupied vehicle, shooting from a car, destruction of property, maliciously shooting at an occupied dwelling, use of a firearm in a felony, possession of a firearm by someone convicted of a crime as a juvenile that would have been a felony if he had been an adult, and reckless handling of a gun in connection with the shooting. A deal called for him to be sentenced to between three and five years of active time according to estimated guidelines. Sentencing is set for October. The maximum punishment for the crimes is 63 years in prison and a fine of $312,000.

Nineteen-year-old Nicolas Edward Petrillo, of Seaside Road in Painter, was charged with similar crimes and has a November trial date. He was a former roommate of Barbour and sometimes slept in his truck in Barbour’s backyard.

Barbour testified that Petrillo called him that night, urging him to go to a party. Barbour agreed. He said when Petrillo came to pick him up, Bailey and Giddens were with him. He said he had met Bailey before, but not Giddens. And, he said he did not realize Giddens was only 14. The four went to the New Roads area of Exmore. He said the older three posed for Giddens, who took pictures of them with their guns.

Barbour said they devised a plan to do a “slide,” which is another name for a drive-by shooting. Giddens wanted to use a rifle, he said. Petrillo kept that for himself and gave Giddens a shotgun, the witness said.

Defense lawyer Eric Korslund contended that the case came down to Barbour since there was no evidence that his client was in the car or shot a gun. “There’s no other evidence whatsoever that Mr. Giddens was involved in this … no phone calls, no social media … You can’t deprive a young teenage boy … of his freedom … solely on Mr. Barbour. He is extremely manipulative. He has the highest motive to fabricate … when he came forward, he was let out of jail … He was sleeping on the shotgun,” which was seized during a search of his home. “Insufficient evidence,” he argued, further stating that DNA or fingerprints were not obtained.

Commonwealth’s Attorney Jack Thornton said, “Barbour isn’t the sharpest tool in the shed. But he’s honest. He is trying to get a deal with the Commonwealth for sure. But there is no reason for him to implicate Giddens. He gives a very detailed account of what happened. He implicated himself. He wasn’t trying to hide anything.”

Thornton said that Giddens had the loaded shotgun before the shooting and had the empty gun afterwards.

“The issue here is the court is either going to believe Mr. Barbour or not … he was very forthcoming … I think again this is not beyond all doubt, this is reasonable doubt.”

Judge Lewis said it is horrific that an incident like this can occur. “Shot up like the old west.”

Barbour said, “I saw Nic getting a lot closer to Nykeem. I was so nervous that they might shoot me … Nic took the first shot. I was on top of the car and didn’t see. I never saw Giddens shoot.” Barbour said he shot 12 times.

Lewis commended the lawyers and officers involved in the case.