Wichita, Kansas

From the Wichita Eagle of September 7, 2005

Not-guilty verdict in Sutton murder case

Joe Sutton is not guilty of murder.

A jury acquitted Sutton in the Dec. 5 shooting of Tyrone "Anthony" Lewis this afternoon.

Sutton had argued that he shot Lewis in self-defense. The jury of seven women and five men deliberated about eight hours, beginning Tuesday morning, to reach their verdict.

Sutton had been in jail since December, as his case took several twists and turns that resulted in two trials. His first trial ended in mistrial, after his lawyer failed a court-ordered drug test.

This time, with Roger Falk as counsel, Sutton won his freedom.

Sutton had testified that he went to Lewis' apartment in the 5300 block of south Lincoln that Sunday afternoon. Lewis had beaten his girlfriend, Sutton's cousin, and the woman had left behind her baby son. Sutton went to retrieve the 6-month-old.

When Sutton arrived, he testified, Lewis entered the apartment with a gun. Sutton said he had taken his own gun because of Lewis' gang affiliations. Lewis died of two gunshot wounds to the back.

Prosecutor Kevin O'Connor had argued to the jury that Sutton couldn't have shot in self-defense and still hit Lewis in the back.