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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.

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