Fresno, Fresno County: The initial brief in the Fresno court of appeals has been filed for the
murder conviction of Ted Blackmon. Blackmon, 27 years old, had his public
defender state an almost identical argument that his defense counsel made
during the criminal trial. David Macher, Blackmon’s court appointed
attorney, claims that the real perpetrator of this
murder is another man and is still at large, according to his opening brief.
Convicted of First-Degree Murder
Blackmon was convicted of murder in the first degree by a jury of his peers
on February 9, 2007. He was charged with murder for the shooting death
of a man at a Union Ave gas station in July of 2005. It is believed by
the prosecution that Blackmon’s alleged victim, a 27 year-old by
the name of Damon Moore, was gunned down for the sole fact that he was
wearing a blue shirt; Blackmon assumed that Moore was a rival gang member
and shot him.
Man Shot While Sleeping in his Car
Moore was an entrepreneur on a road trip with his friends, on his way to
his bachelor party in Las Vegas, Nevada. Moore and his friends stopped
at a gas station on Union and Brundage lane to fill their gas tank, when
Blackmon allegedly shot him two times in the back of the head as he slept
in the car.
The response to Defense attorney Macher’s opening brief should arrive
from the Attorney General’s office by January 2nd. Macher will then
have the opportunity to reply to the response before three-person panel
of state justices will hear the appeal.
Justices expect the appeal to be decided before the end of next year.