As Duke University Police Department investigators continue to probe for leads in the May 31 shooting incident at the Whitford Drive basketball courts, a suspected accomplice entered a guilty plea Friday to a reduced weapons charge-closing one chapter in the case, but still leaving Campus Police without a key piece of the puzzle: the identity of the shooter.
Brian Keith Liles, 21, of 1500 Mayruth Drive in Durham-who faced felony charges for aiding and abetting an assault with a deadly weapon with the intent to kill and inflicting serious bodily injury-pleaded guilty in Durham District Court to a misdemeanor charge of carrying a concealed weapon.
The court also handed Liles a 30-day suspended sentence and one year of supervised probation, along with court orders banning him from the University and instructing that his weapon be destroyed, said Maj. Robert Dean of Campus Police, who is heading the investigation. Under the agreement, Liles will serve no jail time unless he violates the provisions of his probation.
"The district attorney felt like it was the best route to go based on the evidence," Dean explained. "Based on the fact that Liles said the shooter snatched the gun out of his hand, the district attorney said it would be difficult to prove [Liles] had intent or a part in the incident."
Assistant District Attorney Mike Nifong, who ordered that the case be disposed of in district court, said the decision concerning prosecution was made "in consultation with the Duke officers" handling the case.
Campus Police have been unable to identify the shooter in the incident, in which Toby Madlock, 26, suffered gunshot wounds to the wrist and thigh after a heated pick-up basketball game on the courts near the R. David Thomas Center erupted in an exchange of gunfire.
After Madlock was struck, his cousin, James Hester, returned fire on the shooter just before he and Madlock fled on foot. Hester was charged with possessing a weapon on campus and discharging a firearm inside the city limits; he faces an Oct. 3 probable cause hearing.
Liles' guilty plea may close his part in the case, but Dean noted that it may also close the only connection investigators have to the shooter.
"Liles seems to be the only one who can shed light on the identity of the shooter," Dean said. "What we're being told through his attorney [James Williams] is that he doesn't know the shooter, but I believe he has some knowledge of him to some degree."
Hunter Madlock, the victim's brother and an eyewitness to the shooting, questioned how Liles could receive such a light sentence after providing the gun that initiated the gunfire and wounded Toby.
"I'm not at all happy with that decision-this is very upsetting," Hunter Madlock said, adding that his brother has not yet fully recovered. "How can he get away with not telling them anything and get off relatively scot-free? Certainly the sentence does not match the crime."
Following the shooting incident, University officials closed the Whitford Drive courts and chained them up for the remainder of the summer. Joe Alleva, associate athletic director, said he and Roy Skinner, director of intramural and club sports, plan to open the courts this fall only for an outdoor basketball league consisting of University students. Ensuring the students' safety, Alleva emphasized, is the most crucial priority in reopening the courts.
"When the courts are not in use, there's going to have to be a guard there-then we can make sure it's only Duke students using it," Alleva said. "We've got to protect students' safety. We can't have outside people coming there and presenting a risk."
In the meantime, Campus Police will continue its search for the shooter who has been at-large for more than three months. Dean remains optimistic, although the passage of time is rarely an ally of investigators.
"We're still holding out hope that somebody will give us a hint on the identity of the shooter," he said. "[Liles] hasn't been able to point us in the direction of the shooter yet.... We just have to keep maintaining that the information will come from someone."
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