By Shavonne Potts
spotts@salisburypost.com
It took jurors 35 minutes Monday to find a Salisbury man guilty of robbing a restaurant owner as she left her business in 2006.
Tyrone Chambers, 27, was sentenced in Rowan County Superior Court to a minimum of eight years and seven months up to a maximum of 11 years and one month for his role in the robbery. He was given credit for the three years he served awaiting trial.
Chambers was convicted of robbery with a dangerous weapon.
The decision disappointed a small group that had gathered outside the courthouse before proceedings began to pray for Chambers’ acquittal. They included John C. Barnette, a civil rights activist, and Starlene Davidson, the defendant’s mother.
“The verdict was not fair. My son did not have anything to do with this crime,” she said.
The robbery occurred Oct. 27, 2006, outside La Cava at 329 S. Church St. Owner Mona Moscardini was leaving the business and a man grabbed her umbrella as she was getting into her car. The assailant punched Moscardini and stabbed her multiple times. Authorities identified that man as Kevin Toomer, 20.
A second suspect, who police investigators said was Chambers, opened the passenger’s side door and tried to pry Moscardini’s purse from her hands. He grabbed Moscardini and pulled her from the vehicle. She took a swipe at him with a knife, but it broke. The same knife was used to stab the business owner.
Toomer will be tried in September.
Assistant District Attorney Karen Biernacki said during her closing argument Toomer used the knife and it was his baseball cap that was found at the scene. But she said Chambers took part in the crime.
“I want you to consider when you have a suspect who tells officers three different versions of stories, he has something to hide,” she said of Chambers.
When detectives first spoke to Chambers, he told them his name was Tyrone Davis. He then told officers he heard a woman scream that she was being robbed. Chambers also said he and Toomer parted ways just before the robbery.
Chambers told police detectives he opened the car door to help Moscardini get out. Her purse fell out of the car and he placed it on the ground, he said.
“That just doesn’t make sense,” Biernacki said.
Moscardini’s red purse was found in an alleyway near Bank Street, in the direction the victim said she saw her attacker fleeing.
Police said it was the same route Chambers ran.
When police stopped Chambers, he didn’t have any of Moscardini’s stolen items and investigators did not find his fingerprints on the purse.
Biernacki said it was raining that night and fingerprints were hard to obtain from the victim’s purse.
She said Toomer and Chambers decided together to rob Moscardini.
“The defendant was not there as a casual observer,” Biernacki said.
She said Chambers was just as guilty as Toomer.
“Tyrone Chambers is guilty of every single act Kevin Toomer committed. When he stabbed Mrs. Moscardini, it was as if Tyrone Chambers stabbed her. When Kevin Toomer punched her, it was as if Tyrone Chambers punched her,” Biernacki said.
John Basinger, Chamber’s attorney, said Moscardini could not say with 100 percent certainty his client was involved.
“He says he was there to open the door. He was trying to save her life. That’s a good thing,” Basinger said.
He admitted his client could have done more to help Moscardini and certainly should not have run from the police.
However, he said, “Flight is not sufficient evidence of guilt.”
He admitted Chambers was not forthcoming with information during his first statement. During Chambers’ third statement, his attorney said, police investigators asked specific questions, and he gave specific answers.
“The money and cell were never found. They were not found on Tyrone Chambers,” Basinger said.
He said his client did not know Moscardini was about to be robbed until it happened.
“There is not enough evidence to show they planned this,” he said.
Visiting Superior Court Judge James Hardin Jr. of Durham also ordered Chambers pay $3,750 in lawyer fees and $1,534.99 restitution to Moscardini. He must also submit a DNA sample.
Basinger said Chambers plans to appeal the conviction.
Barnette, the civil rights activist from South Carolina, said he would support Chambers’ family through any appeals.
“We feel strongly that Tyrone Chambers is innocent,” he said,
The founder of True Healing Under God Ministries, or THUG, Barnette travels throughout North and South Carolina and other states to be what he calls a “voice for the voiceless.” On Monday, he and other supporters stood on the steps of the Rowan County Justice Center and prayed for Chambers.
Barnette is a member of the NAACP and the National Action Network where he’s worked alongside the Rev. Al Sharpton.
Moscardini declined comment after the trial.