New Church man convicted of manslaughter in deadly November shooting

Note: our initial report included a few mistakes in the sequence of events of this incident. We apologize for the error.

Jury rejects murder charge in Dollar General case; sentencing set for November

By Linda Cicoira

A 12-member jury nixed finding a New Church man guilty of second-degree murder Wednesday in Accomack Circuit Court despite that the defendant admitted to shooting a Melfa resident outside the Dollar General store in Mappsville last November.

Instead, Jamal Anthony Samuel, of Holland Road, was convicted of voluntary manslaughter and use of a firearm in a murder. At the start of the three-day trial, the 45-year-old defendant pleaded guilty to being a felon and using a gun in connection with the death of 43-year-old Maurice Anthony Holden.

Samuel was convicted of grand theft and use of a gun in a felony in April 2009 when he lived in Accomac, so it is illegal for him to possess a firearm.

While it sounds unusual, being convicted of using a gun in a murder while not actually being convicted of murder was upheld in another case decades ago. The difference between manslaughter and murder is malice.

Samuel claimed he shot Holden in self-defense because he thought Holden had a gun. Commonwealth’s Attorney Spencer Morgan said there was no evidence that the victim was armed and that his hands were not in his pockets when he was shot multiple times, including twice in the back. The prosecutor said the burden of proof for second-degree murder was met.

Defense lawyer Patrick Bales said there were different versions of what happened from witnesses who were at the scene. “This was a tragic event. It could have been prevented,” he added. “This was a self-defense.”

Judge W. Richard Savage III commended both Morgan and Bales for their work, as it “was a difficult case with conflicting evidence.” He ordered a long-form presentence report and set sentencing for Nov. 13. The maximum term for voluntary manslaughter is 10 years in prison. The gun charge has a mandatory three-year term. Possession of a firearm by a felon carries a maximum of five years.

Court records stated the defendant is known to authorities as being affiliated with a street gang. Those files disclosed that witnesses and surveillance footage showed Holden was at the check-out counter of the business at about 7:20 p.m. when a woman pulled her car up to the store and went inside. While she was shopping, Holden left the store with his purchases, put them in his car and approached the suspect. Samuel then threw a bottle at him.

“The man discharged a firearm multiple times at Holden,” the report stated. He then got into the driver’s seat. The woman left the store without her purchases and got into the car, and the two headed north on Lankford Highway.

     Sheriff’s deputies were alerted. They responded and found Holden suffering from gunshot wounds. The victim died at the scene.