Banks found guilty on two charges

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By CLARENCE MABIN / Lincoln Journal Star

Antonio Banks showed no emotion early Friday afternoon as a bailiff read verdicts that could put him in prison for the rest of his life.

The verdict — guilty on charges of first-degree murder and use of a weapon to commit a felony in the 2005 shooting of 20-year-old Robert Herndon — carries a mandatory life sentence. Banks, 26, is set to be sentenced May 15.

Jurors began deliberating at about 11:20 a.m. Thursday after the nine-day trial.

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Antonio Banks

Antonio Banks

Viva Herndon, grandmother of the man Banks stood accused of killing, attended the trial daily, often taking notes of the proceedings.

“I only want justice,” she said as she walked away from the courtroom after the verdict.

Banks’ attorney, Deputy Lancaster County Public Defender Shawn Elliott, couldn’t be reached after the verdict was read, but his office said the conviction likely will be appealed.

Robert Herndon was gunned down by one of two men who forced their way into his home at 220 Carolyn Court shortly after midnight Aug. 30, 2005.

Lincoln police arrested Victor Young III the same day and Banks a few days later.

The Lancaster County Attorney’s Office charged both men with first-degree murder and use of a weapon to commit a felony. However, prosecutors are expected to amend the  charge against Young to manslaughter in exchange for his testimony against Banks.

A third man, John A. Montgomery, 24, had been charged with two felony counts of being an accessory. Montgomery also testified against Banks, and is expected to enter a plea to an amended charge of providing false information to a police officer — a misdemeanor — later this month.

Both Montgomery and Young, 23, testified they saw Banks shoot Herndon with a handgun. Two other men testified that Banks told them after the incident that he had hurt someone.

Montgomery and Young also testified they did not know Banks’ intention when Banks and Young got out of Young’s car and approached the residence.

According to trial testimony, Young rang the doorbell, and when Herndon’s girlfriend answered, a second man, his face concealed by a towel and holding a shotgun, appeared and forced his way inside.

That man, prosecutors argued, was Banks, who repeatedly threatened the woman if she did not disclose where Herndon was keeping a large amount of marijuana Banks believed to be in the house.

Herndon came home a short time later and was hit on the head with the shotgun wielded by Banks, according to some testimony.

Young and Montgomery said Banks fired two rounds at Herndon in a confrontation in front of the residence.

During the trial, Banks’ attorney attacked the credibility of the state’s key witnesses. For instance, Young testified he had no intention of robbing Herndon and said he had been tricked by Banks.

Elliott said the claim was incredulous, and he pointed to several misstatements Young made to police during the investigation.

Young began serving a sentence of 10 to 15 years in September for a similar home invasion robbery nine days before the Herndon killing.

Banks is also a defendant in that robbery, in which the resident was pistol whipped and threatened with a knife, allegedly by Banks.

Jurors in Banks’ murder trial knew Young had been convicted of robbery, but they did not know Banks was a co-defendant in that case or that the robbery bore similarities to the Herndon case.

Reach Clarence Mabin at cmabin@journalstar.com or 473-7234.