Daquan Hickey told jurors that he — not his brother, the man on trial — fired the gun in a drive-by shooting in central Lincoln a year ago. But his statement wasn't enough.
The jury Friday found 22-year-old Shantrell Hickey guilty of discharging a firearm near a vehicle or building and use of a firearm to commit a felony.
His first trial in the same case, last October, ended with a mistrial after the jury deadlocked.
In closing arguments Friday morning, Deputy Lancaster County Attorney Dan Packard said Shantrell Hickey was the one who fired at least seven shots at a Jeep pulling away from the Super C at 21st and G streets just before 8 p.m. Feb. 21, 2017.
"No question that it was a drive-by shooting," he said. "The question is who done it. That's really what it boils down to."
Daquan Hickey testified it was him.
But Packard said that was unreasonable, that Daquan Hickey only said it because he had nothing to lose. He's already serving five to 14 years for his role in the crime after pleading no contest to attempted first-degree assault.
Surveillance video showed a gun hanging out the Jeep window as it started to pull away, two men ducking behind a Mercury Grand Marquis, then one coming up firing.
Shantrell Hickey testified that he was at home with his kids.
Two police officers swore on the stand that in their opinion it was him, and one other witness said so, too.
Hickey's public defender, Nathan Sohriakoff, said police rushed to judgment that it was Shantrell Hickey and couldn't see the truth even when it came in the room, sat on the stand and said, "I am the shooter."
"The real shooter came in here and admitted it," Sohriakoff said.
Packard played the video slowly, two men seeming to fight over the gun to see which of them could fire it. The hair, the clothes, the bandana.
"There is no reasonable doubt that Shantrell Hickey is the shooter," he said.
In the end, the jury found him guilty.