Judge to hear motion for new trial in case of man convicted of hitting joggers

A Cape Girardeau County circuit judge next month will hear Vincent Anderson's motion to have his conviction set aside and take his case to trial.

Anderson, 20, of Little Rock, Ark., was sentenced to 12 years in prison last year after pleading guilty to first-degree assault in connection with an Oct. 28, 2012, attack in which he was accused of driving a stolen 1994 Ford Thunderbird into a group of joggers at the intersection of Aquamsi and William streets.

Three of the joggers reported minor injuries as a result of the assault.

Anderson's attorney, Jacob Zimmerman, said Monday his client believes he received ineffective counsel, and insufficient factual basis was made for his guilty plea.

Zimmerman said Anderson is alleging his trial attorney incorrectly advised him that because he was a first-time offender, he would receive no more than five years in prison if he pleaded guilty.

An amended motion filed April 11 states: "Movant was advised by trial counsel that he would probably get a 120 [day] shock because of his clean criminal history. Furthermore, Movant was advised that at worst he would only get the minimum of five years in the Department of Corrections because he had no priors. Movant would not have plead guilty if he would have been correctly advised that he could get up to 15 years in the Missouri Department of Corrections, even in light of his clean criminal history."

The amended motion also claims Anderson was denied due process because the court accepted his guilty plea on insufficient factual basis.

The motion cites an exchange during the court proceedings in which Anderson agreed to an assertion by his attorney that his actions constituted "a substantial step toward the commission of the attempt to cause serious physical injury" after he previously denied he attempted to cause serious physical injury.

"By this time, Movant was confused. ... Had Movant known that his purpose to cause serious physical injury was at issue, Movant would have plead not guilty and ... ultimately proceeded to trial. Therefore, Movant's plea was not voluntary, and thus, his due process rights were violated," the motion states.

Cape Girardeau County Circuit Judge Scott Thomsen set the motion for a May 19 hearing.

In January, Anderson filed a motion to suppress physical evidence, claiming his co-defendant, Marcus Jones of Cotton Plant, Ark., then 27, was driving the car but convinced Anderson to take the fall for him.

"Marcus Jones told me to take the case because I was young and in college and that I will not be sent to jail, said if it was known to the police that it was him, he can go to prison for a long time because he's much older than me," Anderson wrote.

Jones was sentenced to 90 days in jail for vehicle tampering and resisting arrest, both misdemeanors.

Anderson initially had been charged with assault and vehicle tampering in the case. If convicted on those charges, he could have faced up to 22 years in prison.

Thomsen gave him 12 years on the assault charge -- 20 percent less than the 15-year maximum.

At Anderson's sentencing, the victims testified they believed he hit them intentionally, and prosecutors played a video -- taken from a phone Jones had when he was arrested -- in which a voice could be heard making apparent references to the crime, comparing it to the video game "Grand Theft Auto."

During the sentencing hearing, Anderson apologized to his victims and told them he took "full responsibility" for his actions.

epriddy@semissourian.com

388-3642

Pertinent address:

Aquamsi and William streets, Cape Girardeau, MO