When the criminal justice system give you lemons, you have to be prepared to make some litigation lemonade.

A young Black man named Anthony Marsh Jr. was killed back in April 2021 under some particularly sad circumstances according to The News & Observer. On April 19, 2021, Nitisha Page‘s 16-year old daughter got into an argument with another girl over social media and instead of being a rational adult and deescalating the situation, Nitisha Page got her daughter and 21-year-old named Toney Allen Smith Jr. went to the home of the girl in question. When a fight broke out at the house, the girl’s mother arrived on the scene and Page attempted to flee. In her reckless desperation, she crashed in Marsh Jr.’s truck and began to flee again. Marsh Jr. witnessed this accident and immediately followed the group reportedly to confront them about his damaged vehicle. Assistant District Attorney Elizabeth Ingram says that Marsh Jr. got out of his car to asked “Why did you hit my car?” and that is when Toney allegedly began firing shots. When Marsh crawled back to his truck to return fire, he was struck in the head by a gunshot from Toney’s weapon. He later died at the hospital.

Said Ingram about Toney during the bail hearing:

“Toney Smith Jr. brought a gun to a girl fight,” she said. “Toney Smith Jr. did not hesitate to point that gun at a completely innocent man and fire multiple times. He is dangerous.”

Toney’s attorney Bill Thomas told a different version of this story where Marsh Jr. is the aggressor and was there purposefully to be “the muscle”.

“He was the muscle,” Thomas said. “He was there with a loaded firearm. He was there to take care of business.”

Thomas says that after his truck was hit, he not only chased the Page’s but also fired several rounds from his firearm before blocking her exit. Independent eye witnesses corroborated that story and the judge significantly reduced Toney’s and Page’s bail as a result. Subsequently, the judge dropped murder charges against Page and Toney was eventually found guilty of the reduced charge of manslaughter.

According to WRAL, Marsh’s father is still seeking justice and has filed a wrongful death lawsuit against the three people he feels are responsible for his son’s death. Marsh Sr. has named Page, Toney, and Page’s daughter J’Nayia Farrington in the suit.

Very sad state of affairs on all fronts. It will be interesting to see how the judge rules considering the circumstances.

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