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AG Marshall Announces Court of Criminal Appeals Upholds Montgomery County Capital Murder Conviction

NEWS RELEASE
Steven T. Marshall
Alabama Attorney General www.ago.alabama.gov

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FOR IMMEDIATE RELEASE

 September 14, 2017

AG MARSHALL ANNOUNCES COURT OF CRIMINAL APPEALS UPHOLDS MONTGOMERY COUNTY CAPITAL MURDER CONVICTION

(MONTGOMERY)--Attorney General Steve Marshall announced that the Alabama Court of Criminal Appeals has upheld Elijah Ray Frazier’s two convictions for capital murder. Frazier, 26, was convicted in August of 2016 for the murder of Keon Sankey. Although there was one victim, Frazier was convicted for two counts because the crime was made capital murder in two ways:   (1) because the murder was committed in the course of a robbery, and (2) because Frazier shot Sankey while Sankey was inside a vehicle.

The evidence at trial showed that on November 20, 2013, the victim, Sankey, drove to the home of an acquaintance. After Sankey arrived and spoke with the acquaintance, Frazier suddenly came out of the place he was hiding, struck Sankey in the head from behind with a pistol and said "give it up."  Sankey ran to his car and Frazier shot him. Sankey got into his vehicle. Frazier followed him, opened the driver's side door and shot Sankey again, twice.  Sankey managed to drive off but crashed his vehicle a short distance away, near the Montgomery intersection of Court Street and the Southern Boulevard. He was transported to a local hospital where he died several hours later from the gunshot wounds.

The Frazier case was prosecuted at trial by Montgomery County District Attorney Daryl Bailey’s Office. Frazier was sentenced to life imprisonment without the possibility of parole for each conviction, with the sentences ordered to run concurrently. He subsequently sought to have his convictions reversed on appeal.

The Attorney General's Criminal Appeals Section handled the case during the appeal process, arguing for the Alabama Court of Criminal Appeals to affirm the convictions. The Court did so in a decision issued on Friday, September 8.  Attorney General Marshall commended Assistant Attorney General Ferris Stephens of the Attorney General’s Criminal Appeals Section for his successful work in this case. 

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