Marcus D. Malone, 27, pleaded guilty in Attala County Circuit Court to a November 2016 double-murder of his former girlfriend and her new boyfriend in McAdams. He also pleaded guilty to the shooting of a third person, a woman, in the leg during the incident.
Malone had been in the Leake County Correctional Facility on bonds totaling $1.1 million since November 12, 2016, when the Attala County Sheriff’s Department arrested him. He was charged with the shooting murders of Kosicusko residents LaBrandice Deshon Harvey, 26, and her boyfriend Zackary Flanagan, 24. Harvey and
Malone had a previous relationship and had children together, according to reports at the time of the incident.
In August, public defender Richard Carter, who had been assigned to represent Malone, had requested a competency evaluation of Malone from the court. The request was granted, but when Malone came before the court during the September session, Carter said Dr. Chris Lott had evaluated Malone and deemed him competent to stand trial. The report was entered into the record without it being read to the court by agreement between the prosecution and defense.
Malone then pleaded guilty to second-degree murder in the two deaths. The original first-degree murder charges had been reduced by agreement with the District Attorney’s office based on Malone’s willingness to plead guilty, avoiding a trial. Malone also pleaded guilty to the aggravated assault charge in the non-fatal shooting of the third individual.
y pleading to the lesser charges, Malone avoided the possibility of receiving the a maximum life sentence for each of the murders if he had been convicted, but he remained eligible to receive the 20-40-year sentence typical on the aggravated assault charge, which was not reduced.
Judge George Mitchell then accepted the recommendation of the District Attorney’s office and sentenced Malone to two concurrent 40-year sentences in the murders and a concurrent 20-year sentence on the aggravated assault.
As these charges warrant day-for-day sentences, Malone will not be eligible for early release or parole from MDOC custody until he serves the full 40 years. He will, however, receive credit for the two years he has been in custody in the Leake County Correctional Facility awaiting trial.
