A Newton man accused of murdering a Waltham man will be back in Middlesex Superior Court Monday, March 28 with one of his co-defendants.
Shaquan Jacobs, 18, of Newton, and Daniel Louis, 21, of Roxbury, appeared in court today for a discovery motions hearing in connection with the alleged Thursday, Sept. 30 murder of Adam Coveney, 29, in Waltham.
The third co-defendant, Benjamin Peirce, of Newton, was not present for the court proceedings.
The trio previously pleaded not guilty to charges of murder, armed robbery, possession of a firearm, conspiracy to commit armed robbery (two counts) and attempted armed robbery.
All three men are set to stand trial Nov. 14, 2011, according to the Middlesex District Attorney's office.
The discovery motion was related to telephone records. The defendants' lawyers argued his clients' cell tower information should be excluded.
The defendants' lawyers presented the same argument on Monday, Dec. 6 by using a recent ruling made by the Third Circuit Court of Appeals. According to the ruling, law enforcement officials can be required to obtain a probable cause search warrant for cell phone information.
Prosecutors said they are no longer seeking text messages from the defendants, but have filed a new motion requesting cell site authorization and numbers dialed by the defendants. Prosecutors also said they want to use the records to show that the defendants contacted each other to arrange the crime and mentioned that the defense will not use the content of the messages, just that the group communicated.
Judge Thomas Billings, who was assigned the case today, said he would need to read the discovery motions before ruling. He continued the case to Monday, March 28 for a discovery motion for the four defendants in the case.
Peirce is a senior at Newton North High School and Jacobs is a graduate of the same school. It was originally believed that Louis was from West Roxbury, but his lawyer Stanley Norkunas said his client resided in Roxbury before being arrested.
Police were called to 879 Lexington St., in Waltham, for shots fired around 11 p.m. Jacobs and Louis allegedly jumped out from hiding in some bushes and began to beat Coveney, and Louis then shot him, according to the DA's office. Before fleeing the area, Louis allegedly laughed about shooting Coveney and Peirce picked up the drugs the victim had in his possession as Coveney lay dying on the ground, according to the DA's office.
Initially, the defendants tried to rob a Newton North High School student they knew well, but were unable to break into that person's home, the DA's office said.
After the failed robbery, in which they were armed with a gun, Peirce allegedly planned a second robbery by arranging to meet Coveney to buy drugs.
The DA's office has alleged the suspects bought gloves, masks and bleach for the murder about eight hours prior to the incident.
The three defendants then left the scene in a car driven by Wallace Duarte, 17, of Waltham, who has been charged as an accessory after the fact.
The three defendants are being held without bail.