In January 2008, Damian Eagan of Pinellas County was shot in the hand and arm by a man with dreadlocks who was attempting to steal $4,000 in cash. Eagan later identified Mariuntay Murray in a photo lineup as the person who shot him.

Eagan and Murray knew each other. Murray’s brother had dated Eagan’s sister.

Prosecutors charged Murray with attempted first-degree murder and robbery. The case went to trial this past week.

Eagan was the first witness called to the stand by prosecutors. Under direct examination by the assistant state attorney, though, Eagan testified that he wasn’t “100% sure” who shot him.

“Were you 100 percent sure when you (identified him) back in February 2008?” the prosecutor asked.

“I don’t know,” replied Eagan. Eagan is currently serving a prison sentence for an unrelated crime, selling cocaine and fleeing an officer.

The trial ended there. Prosecutors agreed to reduce the attempted murder charge to felony battery. The robbery charge was dismissed. Murray pleaded guilty to the battery charge and was sentenced to two years in prison. He faced a life sentence prior to the plea agreement. He will ultimately serve less than a year because of credit for time already served in jail awaiting trial.

Eagan’s testimony was the second glitch in the prosecutor’s case. In addition to Mariuntay Murray, two others were charged with crimes after this shooting incident. Murray’s brother Terell Murray allegedly hatched the robbery plan and involved a third man named Maurice Henderson.

Henderson was charged with attempted robbery and went to trial in August 2008. A jury convicted him of a lesser charge of attempted grand theft. Unfortunately for prosecutors, that charge doesn’t actually exist in Florida’s statute books.

The State Attorney’s Office noticed the error and a week later moved to have Henderson’s conviction and sentence vacated. He cannot be tried again because of the constitutional ban on double jeopardy.

Terrell Murray pleaded to an attempted robbery charge and is serving three years in prison, followed by 10 years of probation. He was also set to testify Wednesday but was also characterized by the State as a uncooperative witness.

Felonies, Violent Crimes

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