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Jury trial canceled for Barnes

A jury trial for a man charged with attempted murder, aggravated assault, robbery, burglary and four counts of reckless endangerment was canceled Wednesday, court records show, and will be rescheduled at a later date.

Javontez Denane Barnes, 25, had been scheduled to go to trial on the charges on Jan. 18. Barnes is charged with robbing the Cash Wise Grocery Store in Minot on Jan. 7 and then burglarizing a south Minot apartment, pistol whipping a woman and shooting and paralyzing a man there. Barnes is also charged with four counts of reckless endangerment for allegedly firing four shots into an occupied apartment building on Jan. 4.

One of the alleged victims in the case, Cody Allen Davis, 25, failed to make a court appearance on Wednesday on an unrelated Class C felony theft of property charge. His lawyer, Kyle Craig, told Judge Todd Cresap that Davis could not appear at the court hearing because of his medical condition. Davis’s spinal cord was severed when he was shot, said Craig.

According to court documents and statements made at previous court hearings, Barnes and Randolph Garbutt went to Cash Wise at 3:38 a.m. Jan. 7. A cashier who was on duty that night said the men picked up several items and went through the checkout line. Barnes paid for the items and when the cashier opened the cash register, Garbutt pulled a gun and demanded money. The cashier told the men there were cameras in the store. Garbutt responded that he didn’t care and still demanded the money. The cashier refused to give Garbutt the money and walked away. Garbutt and Barnes then left the grocery store.

Garbutt and Barnes then went to the south Minot apartment where Davis and his roommate Brittany Ripple lived, possibly to buy drugs from Davis. The two entered the residence without permission. Barnes allegedly pistol whipped Ripple and knocked her unconscious and shot Davis, leaving him paralyzed.

Barnes is also charged with four counts of reckless endangerment for allegedly firing four shots into an occupied apartment building on Jan. 4. Garbutt had told police he and Barnes got into a dispute when Garbutt stopped Barnes from hitting Barnes’ girlfriend. Barnes then was locked out of the apartment and fired several shots through the locked door.

Garbutt has been promised a plea deal if he testifies against Barnes at his trial. In return for his guilty plea to robbery of the grocery store and truthful testimony at Barnes’ trial, Garbutt received a 10 year sentence, with four years suspended. The state also agreed to drop a Class B felony burglary and Class A felony accomplice to attempted murder charge against Garbutt after he testifies.

– Andrea Johnson

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