Witness says he didn’t know Banks’ intent

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by Clarence Mabin/Lincoln Journal Star

The man who drove Antonio Banks to Robert Herndon’s home on a late night in August 2005, testified Monday he did not know Banks intended to rob the man of drugs.

Victor Young III testified that Banks, holding a shotgun and with a towel wrapped around his head, emerged from the side of the home and told Young he “owed him” when Young rang Herndon’s doorbell.

Herndon was not at home at the time, but his girlfriend answered the door.

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POLICE MUG- Antonio Lamont Banks 09/02/2005 11010229 (cropped to image only) 200dpi 9/3/2005 pg

POLICE MUG- Antonio Lamont Banks 09/02/2005 11010229 (cropped to image only) 200dpi 9/3/2005 pg

“I asked him (Banks) what the hell he was doing,” Young testified. “He tells me to tell her my car died.”

After the woman opened the door, Banks raised the shotgun and ordered her back inside, Young said. He said Herndon, 20, returned home while Banks ransacked the residence in search of marijuana.

Eventually, all three men ended up in front of the east Lincoln residence, where, prosecutors allege, Banks fatally shot Herndon around 12:30 a.m. Aug. 30, 2005.

Banks, 26, is charged with first-degree murder and use of a weapon to commit a felony in Herndon’s death. He would receive a life sentence if convicted of the murder charge.

Monday marked the fifth day of testimony in the Lancaster County District Court trial, which is expected to conclude this week.

Young, 23, also faces first-degree murder and weapons charges in Herndon’s death. The Lancaster County Attorney’s office is expected to reduce the murder charge to manslaughter in exchange for Young’s testimony against Banks.

Manslaughter is punishable by as many as 20 years in prison. First-degree murder carries either a mandatory life sentence or the death penalty.

As part of the same plea deal, Young in July pleaded guilty to an unrelated robbery charge. He was sentenced in September to 10 to 15 years. Prosecutors dismissed a weapons charge in that case.

In testimony elicited by deputy Lancaster County Attorney Andrew Jacobsen Monday, Young said that when he, Banks and Robert Montgomery pulled up to the Herndon residence, Banks asked Young if he still had a shotgun for sale.

Young said that he did, and that the shotgun was in the trunk.

“He said, maybe the guy (Herndon) would buy it,” Young said. Banks grabbed the weapon, wrapped in a towel, and, as the two men approached the home, Banks said he needed to urinate, Young said.

As Young rang the doorbell, Banks emerged from the side of the house, Young testified.

Once inside, an angry, aggressive Banks repeatedly told Young to ask the woman where was the marijuana.

“I tried to tell her (to) stay calm,” Young said. “I told him, ‘Let’s leave.’ I was trying to defuse the situation.”

When Herndon pulled up in his vehicle, Young testified, Banks said, “Jackpot.”

He said he heard Banks assault Herndon, apparently causing him to fall to the floor, and then order him to stand up.

Young later testified he saw Banks fire two shots at Herndon as the two men stood in the street near the front of Young’s car.

Banks’ attorney, deputy Lancaster County Public Defender Shawn Elliott, in cross examination attempted to raise questions about Young’s credibility.

The attorney noted Young initially told an investigator, “I don’t know what you’re talking about,” when asked about the homicide.

Also, Young disclosed during the cross-examination he had a history of selling crack cocaine.

In other testimony Monday, Charles Bowling II, a Northeast High School teacher, said he gave Banks a ride from an east Lincoln parking lot to Bowling’s nearby apartment in the early morning hours of Aug. 30, 2005.

Bowling, who testified for the state in exchange for an immunity agreement, admitted he initially lied to investigators about his contact with Banks on that date.

“I did not tell him (a Lincoln police investigator) the truth,” Bowling said. “I couldn’t believe I was a part of this. I was scared.”

Bowling said Banks appeared agitated, and said he needed to leave town.

“He said, ‘I did something bad,’” Bowling said.

Bowling said he learned of Herndon’s death from a newspaper article about four days later.

Reach Clarence Mabin at cmabin@journalstar.com or 473-7234.