As of Saturday, February 11, 2012
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Gwinnett Daily Post
LAWRENCEVILLE -- The murder trial of Joshua Banks -- accused of accidentally killing a 13-year-old boy in 2010 when he fired several rounds into the air -- is set to begin this week, three weeks after a "defect" in his indictment caused the case to be delayed.
Banks, 27, of Lawrenceville, was originally scheduled for trial the week of Jan. 23. A prior conviction for Banks that formed the basis of felony murder and possession of a firearm by a convicted felon counts was listed incorrectly in his initial indictment, Assistant District Attorney Karen Harris said at the time.
A new indictment was obtained. Banks' trial is scheduled to begin Monday, ADA Maggie Benson said Friday.
Tre Shambry, an eighth-grader at Creekland Middle School, was peering out his second-story bedroom window at the Holland Park apartments when about six shots rang out on Jan. 18, 2010. One bullet struck him in the chest, killing him.
Banks was charged with murder about nine months later. Investigators believe he was intoxicated with a group of men in a parking lot outside Shambry's window, and was playing with a friend's .40-caliber pistol before firing shots into the air for no reason.