'Neighborhood' Gun Tied to Girl's Death

June 17, 2008— -- A teenager is expected to plead not guilty today to charges that he shot and killed a 10-year-old girl with a "community gun" that he allegedly claims was shared by "everyone in the neighborhood."

Kathina Thomas was killed late last month after a stray bullet, allegedly fired by 15-year-old Jermayne Timmons, struck her in the back. The crime has shocked the city of Albany and prompted law enforcement to ramp up a crackdown on so-called community guns — weapons that are shared among alleged gang members.

Law enforcement officials say gangs across the country stash and share weapons, often in abandoned buildings, in an attempt to circumvent gun control laws and avoid being caught with a gun that has been tied to a crime.

"If the area is somewhat controlled by a gang group, they will often have weapons in the area. It's there in close proximity and if trouble does break out someone can get to it," said Andrew Grascia, a longtime gang investigator and president of the New York Gang Investigator's Association.

"It shows how dangerous a single firearm can be. When you have multiple people who have access to it, it broadens its reach on the street," he said.

According to a statement Timmons gave police, he was riding his bike with his friends on May 29 when he fired a shot at a group of teenagers after he thought he saw one of them pull a gun. Police believe the bullet hit and killed Kathina Thomas.

Afterwards, Timmons put the gun in a garbage can outside the Ida Yarborough Houses because "everyone in the neighborhood uses that gun and that's where we keep it," Timmons allegedly told police.

Timmons was charged as an adult with second-degree murder. His attorney said he would plead not guilty at his arraignment today, but declined to comment further.

Timmons' mother did not return a phone message, but in an interview with the Albany Times Union she disputed that her son was a gang member.

"That's all hearsay at this point," Mosetta Timmons told the paper. "He was an average teenager, with good days and bad days."

Kathina's death has galvanized the city. Hundreds, including the mayor and district attorney, mourned at her funeral.

"It's brought us together and everyone in the community, it seems, has come together to say that enough is enough," said the Rev. Edward Smart, pastor of the AME Zion church.