Ruling reversed for 3 men convicted of 2012 murder

All 3 men were sentenced to life in prison

(From left to right) Marcellus C. Allen ,Tracey C. Lomax, and Xabian R. Riley had their murder rullings reversed in the Oregon State Court of Appeals on Wednesday, Oct. 18, 2017 (Courtesy: Multnomah County Sheriff's Office)

PORTLAND, Ore. (KOIN) — Three men found guilty of murder in 2014 and sentenced to life in prison had their convictions reversed on Wednesday by the Oregon State Court of Appeals.

Marcellus Ramon Allen, Tracey Christopher Lomax and Xabian Robert Riley were originally convicted for the May, 2012 murder of Kenny Ray Henry Jr. The shooting happened in the 14800 block of Northeast Fremont Court.

All three men, according to the Oregon State of Appeals, assigned error to the court’s denial of a request for jury concurrence at the time of the trial. The appeals court ruled that the court erred by denying their requests. During the trial, the three defense attorneys in the case argued the State’s case could not prove beyond a reasonable doubt who was the shooter. They also claimed much of the evidence was circumstantial.

The appeals court also ruled the trial court made a mistake in denying Allen’s request to suppress cell phone video evidence which was seized from an over-broad search warrant. During trial, Riley requested evidence that stemmed from him being unlawfully seized be suppressed. The trial court denied it. Riley’s appeal was also affirmed by the appeals court.

At the time, Deputy District Attorney Chris Mascal, who co-prosecuted the case, said that the motive behind the shooting may have been drug related. Henry sold marijuana and had a medical marijuana card, according to Mascal.

The shooting happened on May 9, 2012. Two Portland police officers who were doing training at the time heard the shots ring out and spotted a vehicle with the three men pull into a nearby apartment complex.

Following the shooting, there was a three-hour standoff between police and the suspects at an apartment. Police said the men were inside cleaning and changing clothes. Detectives with the Portland Police Bureau Homicide Unit eventually located three firearms and several rounds of bullets inside the apartment, witnesses testified.