Complicated Johnston County Robbery Case Back in Court
Posted February 22, 1998 6:00 a.m. EST
SMITHFIELD — Is the wrong man behind bars for a Johnston County shooting? Superior Court Judge Knox V. Jenkins Jr. is expected to look at that question this week.
Seventeen-year-old Terence Garner was convicted of kidnapping, robbery and attempted murder in connection with a robbery at the Quality Finance Company near Princeton last April.
But two days after Garner's conviction, Terrance Daloach , 24, stepped forward to tell authorities he had committed the crime himself. Within a few hours, however, Daloach recanted his confession.
Daloach 's cousin, Keith Riddick, who drove the getaway car and now has a plea bargain arrangement, said Daloach was the gunman. But Kendrick Henderson, 20, says he himself was an accomplice and that Garner was not there. Henderson has not cut a deal with the state.
Of the three witnesses to the crime, two say Garner did it and one says it was a darker skinned man. Prosecutors say the latter testimony is suspect, because that witness knows Garner's family.
Given the confusion and Daloach confession, Garner's attorneys hope to have the verdict thrown out and Garner freed or given a new trial. The verdict could also stay in place.
The judge is required to follow strict guidelines, and attorneys are required to present compelling new evidence not heard in the original trial.
Meanwhile, both men are in jail awaiting the outcome of the hearing on the "motion for appropriate relief."