State v. Malone

¶ 1 At approximately 10:40 p.m. on January 13, 2015,1 two men wearing green masks and blue latex gloves robbed a Citgo convenience store, with the first, shorter, robber shooting and killing the clerk. It is undisputed this first robber was Kenneth Thomas. Both robbers left the scene in a getaway car undisputedly driven by Jerica Cotton.

¶ 2 Based upon evidence it had gathered indicating Darrin Malone was the second robber, the State charged him with felony murder, as a party to the crime, and following a four-day trial, a jury convicted him of that offense. Malone moved for postconviction…