By Linda Cicoira

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The victim in an attempted second-degree murder case testified Thursday in Accomack Circuit Court that the accused suspect should be allowed free on bond because the real culprit was the suspect’s brother

Despite the claim, Judge W. Revell Lewis III denied bond for thirty-six-year-old Tommy A. Brown. Lewis said due to the nature of the charges, which include two counts of attempted second-degree murder, malicious assault, and conspiracy to commit murder, there is nothing to assure public safety or assure Brown will show up for court hearings.

“There is obviously a conflict of what the evidence will be in the case,” the judge said. “Conflict is not necessarily grounds to repute presumption.”

The victim, Gilbert Johnson Sr., of Cropper Lane, in New Church, said he and Brown have known each other for years and there are often conflicts between them. The two were having an altercation when Brown’s brother, Shawn “appeared out of nowhere” and started shooting at Johnson. The victim said, “Brown did not have a gun.”

Investigator Nicholas Kugler, of the Accomack County Sheriff’s Office, said prior to the incident on Oct. 19, video footage from a local convenience store showed Brown’s car windows were broken with a baseball bat.

Commonwealth’s Attorney Spencer Morgan said the witness is not credible and has drug distribution charges against him.