:quality(70)/cloudfront-us-east-1.images.arcpublishing.com/tronc/T4JZ3KQ4CBCPVOSIOMCYUI7ZNA.jpg)
PORTSMOUTH — The case against a man accused of killing another in January will move forward in Portsmouth.
Akime R. Porter is charged with first-degree murder in the death of 32-year-old Tony Lamont Deans. At a preliminary hearing Friday in General District Court, Judge Douglas Ottinger found prosecutors had established sufficient probable cause in the case and sent the charges forward to Circuit Court, moving it a step closer to trial.
Shortly before 12:15 a.m. Jan. 3, police were called to the 20th block of Merrimac Drive in the Swanson Homes neighborhood. Deans was found in the kitchen and pronounced dead at the scene, according to police.
Porter was arrested in Georgia about a month after the shooting.
:quality(70)/cloudfront-us-east-1.images.arcpublishing.com/tronc/LEQJU65VRFBAVEEV25FSPUNOKE.JPG)
At Friday’s hearing, Deans’ fiancée testified she arrived home that night to find Deans and Porter there. She talked to Deans, went upstairs and heard two gunshots, Rekita Watkins testified.
When she came downstairs, Deans was on the ground.
Under questioning from Porter’s defense attorney, Watkins said Porter had been at the house for several days, but she didn’t know his name at the time.
A detective testified narcotics were found in the kitchen. There was only one way in and out of the house, the detective said, because Deans’ body and other items were blocking a back door. Surveillance footage showed only one person leaving the home and not coming back, the detective said.
The murder weapon hasn’t been recovered in the case, according to testimony.
Breaking News
Porter’s lawyer, Richard Johnson, asked the judge to either toss out the charges or, at a minimum, drop the charge to second-degree murder.
Johnson argued the fiancee’s identification of Porter wasn’t reliable. He said she initially told police she hadn’t gotten close enough to see the person’s face, although the woman said she didn’t recall saying that. She didn’t witness the shooting.
Johnson said the prosecutor hadn’t presented evidence of malice or premeditation and that a person’s “mere presence” at the scene of a crime alone wasn’t enough to prove liability.
Prosecutor Devon E.A. Heath, however, argued circumstantial evidence in the case was strong: Watkins testified she saw Deans and Porter. There was no evidence anyone else was seen entering the home. Watkins heard gunshots. The only other person who could have fired was Porter, Heath argued.
And premeditation could happen in a second, she said.
Following the hearing, Porter’s lawyer said he planned to “zealously” represent him and offer a “robust” defense. The 35-year-old also faces several weapons charges in the case.
Margaret Matray, 757-222-5216, margaret.matray@pilotonline.com