Thursday, November 05, 2009
Man enters Alford plea in 2008 shooting death
Joshua Frazier was a co-defendent in the fatal shooting of James Stokes in May 2008.

STEPHANIE KLEIN-DAVIS The Roanoke Times
Joshua Frazier, 20, was represented by Tony Anderson on Wednesday in Roanoke Circuit Court. Frazier accepted a plea agreement in the fatal shooting of James Stokes in May 2008. In keeping with the plea agreement, Judge Clifford Weckstein sentenced Frazier to serve five years for second-degree murder and three years for using a firearm in a murder.
A Roanoke man who took part in the shooting death of James Stokes last year was sentenced Wednesday to serve eight years in prison.
Under an agreement filed in Roanoke Circuit Court, Joshua M. Frazier entered an Alford plea to the charges of murder as a principle in the second degree and use of a firearm in a murder.
An Alford plea means that Frazier does not admit guilt but concedes that the state has enough evidence to convict him.
In return, Assistant Commonwealth's Attorney John McNeil agreed to amend the murder charge from first degree to murder as a principle in the second degree, and he will not prosecute charges of obstruction of justice and possession of cocaine with intent to distribute.
Frazier, 20, was a co-defendant in Stokes' May 10, 2008, death -- which has a connection to the assault that left Roanoke police officer Bryan Lawrence paralyzed.
In July, Hasin Alamin Hubert of Roanoke was convicted of the first-degree murder of Stokes and sentenced to 18 years in prison.
McNeil told the court that the shooting was the culmination of a feud between Stokes and a group of men, including Frazier, Hubert and Kente Gilkes.
The men had argued with Stokes earlier in the day at Lincoln Terrace, McNeil said.
Stokes left and headed back toward Afton Garden Apartments in Northwest Roanoke.
As Stokes was walking on Hunt Avenue with a friend, Frazier, Hubert, Gilkes and two others drove up behind him.
Stokes motioned for them to pull over, and challenged them to a fight, McNeil said.
Hubert got out of the car and fired up to 12 rounds with a 9 mm handgun.
Frazier, who was sitting behind the driver, reached across the backseat and also fired two or three rounds, McNeil said.
There is no evidence that bullets from Frazier's gun hit Stokes, McNeil said.
Five of the seven bullets recovered from Stokes' body were traced back to Hubert's gun. The remaining two could not be tested, McNeil said.
In keeping with the agreement, Judge Clifford Weckstein sentenced Frazier to 40 years suspended after five years for the murder and three years for the firearm charge.
Stokes' family said after the sentencing that they were unhappy with the prosecution of both cases.
"Five years for somebody's life, that's not fair," said Janice Hairston, Stokes' aunt.
McNeil said he shared her disappointment.
"At least we got a murder conviction," he said.
After Stokes' death, rumors were circulating that Gilkes was connected to the shooting.
Two men who were friends with Stokes, and who believed that Gilkes was involved in the shooting, encountered Gilkes' mother at a gas station. One of the men assaulted her.
Bryan Lawrence was working as a security guard nearby and heard about the incident on his police radio. He saw the two suspects and chased them. As he was trying to apprehend one man, the other assaulted him.
William Steele Jr. was sentenced in March to 15 years in prison for the attack on Lawrence. Dantonio Foster Sr. was sentenced to one year and 10 months for the attack on Mary Gilkes.





