Six people sentenced in Martin County murder

Published 12:37 am Tuesday, March 29, 2011

Two brothers and four others have been sentenced for their part in the murder of Tyrone Perry in Hamilton in March 2008.

On Friday, Donsennie Person, 22, was sentenced to a minimum of approximately 30 years and a maximum of 37 years in prison. His younger brother, Dayvon Person, 20, received an approximate minimum of 14 years to a maximum of 18 years in prison.

According to District Attorney Seth Edwards, the two brothers and four others conspired to rob Tyrone Perry on or about March 20, 2008. One of the six, Travon Best, was involved in the planning but did not go with the other five defendants on the day of the murder. Three others, Anterrio Council, O’Darrin Jenkins and Donald Smallwood, walked through the woods with the Person brothers toward Perry’s work place, but each of the three abandoned the conspiracy at some point prior to Perry being shot. Smallwood heard the shot, but did not actually witness who pulled the trigger. Neither of the Persons gave a statement to law enforcement as to his involvement, although the state contends that Donsennie Person was the shooter.

“As with any homicide, this was a very unfortunate and senseless crime and one that did not have to happen,” said Edwards. “My thoughts and prayers are with the family as they move forward.”

The Person brothers were scheduled to be tried Monday for murder, robbery with a dangerous weapon and conspiracy. However, on Friday, they agreed to plead guilty and avoid a jury trial in which each could have received a life sentence. The other four defendants had previously pled guilty to various offenses in exchange for testimony against the Person brothers.

Edwards said in this type of case, the plea offers to the other four defendants were necessary because of the lack of physical evidence or other eyewitnesses to the shooting.

“The murder weapon was never located, and the only two witnesses to the actual shooting were Donsennie and Dayvon,” he said. “Any time the state has to rely substantially on co-defendant testimony is a gamble.”

Superior Court Judge Walter Godwin sentenced Best and Council to active terms in prison, while Smallwood and Jenkins received suspended sentences and were placed on probation. Edwards indicated those sentences were within the court’s discretion, despite a request by Assistant District Attorney Lisa Coltrain for prison sentences for all of the defendants.