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Two teenagers accused of killing Aiden McClendon two months shy of his second birthday face life sentences for his murder.
Kquame Richardson and Henry Lee Hayes, both 19, are in court learning their fate.
Richardson and Hayes were convicted in July of murdering McClendon on Jan. 29, 2016 as he sat in his car seat, alongside his mother and great-grandmother.
Police say the shooting was a botched drive-by intended for the child’s uncle, an alleged gang member. Hayes and Richardson, whom prosecutors say belonged to a different gang, could be sentenced to life in prison, with the chance for parole, since both were teens at the time of the crime.
Thursday’s hearing is expected to include victim impact statements from the toddler’s family members, several of whom testified at trial. Circuit Judge Steven Whittington will also hear mitigating evidence from defense attorneys. A statement filed by Henry Hayes lawyer indicates they will argue that his age, family background, and borderline IQ of 86 should be considered mitigators.
The same statement says Hayes has no signs of “major psychopathology” and that his prognosis for rehabilitation is “good… despite criminal activity.”
There is no similar filing yet for Richardson.
Regardless of what sentence Judge oth are due back in court on Aug. 16 on additional charges of violating RICO statutes, which are anti-racketeering laws aimed at organized crime. Along with eight other members of Problem Child Entertainment, the teens are accused of engaging in robberies, drive-bys, drug sales and murder while using a rap music group as a front.
All 10 were under 20 at the time of their arrest.
When the arrests were announced, Sheriff Mike Williams called PCE a ruthless gang responsible for “reign of terror.”
The McClendon murder trial introduced was complicated, with two juries, and evidence ranging from DNA and ballistics to eyewitness testimony. There were also hours of evidence culled from social media — evidence prosecutor London Kite said proved criminal gang activity.