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Motion To Amend Indictment

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DOCUMENT 9

ELECTRONICALLY FILED
2/10/2021 1:51 PM
63-CC-2021-000393.00
CIRCUIT COURT OF
TUSCALOOSA COUNTY, ALABAMA
MAGARIA HAMNER BOBO, CLERK
IN THE CIRCUIT COURT FOR TUSCALOOSA COUNTY, ALABAMA
SIXTH JUDICIAL CIRCUIT

STATE OF ALABAMA )
)
VS. ) CASE NO. CC 2021-393
)
ALAJUWON TREVONTE WINTERS, )
Defendant )

MOTION TO AMEND INDICTMENT

Comes now the State of Alabama, by and through the undersigned, Paula Whitley,
Chief Assistant District Attorney for the Sixth Judicial Circuit of Alabama, and respectfully
requests this Honorable Court to amend the indictment in this case. As reasons therefore,
the State would submit the following:

1. The Defendant is charged in Count One of the indictment with Capital Murder
alleging the following:

“Mr. ALAJUWON TREVONTE WINTERS, alias ALAJUWON T.


WINTERS, alia ALAJUWON WINTERS, whose name is otherwise unknown
to the Grand Jury, did intentionally cause the death of TIRMIRE O’NEAL
AARON, by or through the use of a deadly weapon, to-wit: HANDGUN, while
D'ANGELO JACKSON was in a vehicle, in violation of Section 13A-5-
40(A)(17) of the Alabama Criminal Code, against the peace and dignity of the
State of Alabama.

2. The correct language of Count One of the indictment should read:

“Mr. ALAJUWON TREVONTE WINTERS, alias ALAJUWON T.


WINTERS, alias ALAJUWON WINTERS, whose name is otherwise unknown
to the Grand Jury, did intentionally cause the death of D’ANGELO
JACKSON, by or through the use of a deadly weapon, to-wit: HANDGUN,
while D'ANGELO JACKSON was in a vehicle, in violation of Section 13A-
5-40(A)(17) of the Alabama Criminal Code, against the peace and dignity of
the State of Alabama.

3. The Defendant is charged in Count Two of the indictment with Capital Murder
alleging the following:

“Mr. ALAJUWON TREVONTE WINTERS, alias ALAJUWON T.


WINTERS, alias ALAJUWON WINTERS, whose name is otherwise unknown
to the Grand Jury, did intentionally cause the death of TIRMIRE O’NEAL
DOCUMENT 9

AARON, to-wit: HANDGUN, said deadly weapon being fired or otherwise


used within or from a vehicle in violation of Section 13A-5-40(A)(18) of the
Alabama Criminal Code, against the peace and dignity of the State of Alabama.

4. The correct language of Count Two of the indictment should read:

“Mr. ALAJUWON TREVONTE WINTERS, alias ALAJUWON T.


WINTERS, alias ALAJUWON WINTERS, whose name is otherwise unknown
to the Grand Jury, did intentionally cause the death of D’ANGELO
JACKSON to-wit: HANDGUN, said deadly weapon being fired or otherwise
used within or from a vehicle in violation of Section 13A-5-40(A)(18) of the
Alabama Criminal Code, against the peace and dignity of the State of Alabama.

5. That the amendment of the name in the indictment will not in any way
prejudice the substantial rights of the defendant on the merits.

WHEREFORE, THE PREMISES CONSIDERED, the State requests that the


INDICTMENT in the above-mentioned case be amended to list the correct deceased
person’s name as “D’ANGELO JACKSON” in the place of “TIRMIRE O’NEAL
AARON’S” name and that the Court would direct the Circuit Clerk to make any and all
revisions to its files in either paper or electronic form.

Respectfully submitted this date February 10, 2021.

/s/ Paula Whitley

Paula Whitley (WHI 078)


Chief Assistant District Attorney
Sixth Judicial Circuit

CERTIFICATE OF SERVICE
I hereby certify that I have served a copy of the foregoing document upon the
current attorney for the Defendant via the electronic filing system for the State of Alabama.
Done this date February 10, 2021.
/s/ Paula Whitley
Paula Whitley (WHI 078)
Chief Assistant District Attorney
Sixth Judicial Circuit

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