Man Convicted in Fenger Beating Requests New Trial

Defense attorney says man was also a victim of beating

By Ivanna Hampton
|  Monday, Feb 14, 2011  |  Updated 2:39 PM CDT
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Family Wants Apology, Out of Fenger High

Twenty-year-old Silvonus Shannon is charged in the death of 16-year-old Derrion Albert.

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Family Wants Apology, Out of Fenger High

Back at home, Eugene Bailey and his mother talk about the ordeal and what lies ahead for them.
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A 20-year-old man found guilty for his role in the deadly beating of Derrion Albert was not sentenced Monday as planned.

Instead, his defense attorneys for Silvonus Shannon filed a motion for a new trial.

A jury convicted Shannon of first degree murder last month.

Prosecutors argued Shannon kicked the Fenger High School honors student in the head during the September 2009 street brawl, delivering the final blow. 

But Shannon's lawyer, Robert Byman, claimed that Shannon himself was a victim, alleging that his client was "dazed and disoriented" after being hit by a heavy piece of lumber.

"He didn't know what he was doing," Byman told the jurors.

The fight was captured on cell phone video, but Byman claimed a bystander blocked the view and no proof existed that Shannon landed on the Albert's head.

Shannon later denied that he intentionally stomped on Albert’s head, as prosecutors allege.

He was the first adult to be convicted in Albert's death and faces up to 60 years for his involvement in the brawl. Others await trial.

In January, a 15-year-old boy was sentenced to prison until his 21st birthday for his involvement.

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