News-Record.com

One of Greensboro's most vicious recent crimes took place at the McConnell Road Mini Mart on the night of Aug. 31, 2005.

It left 13-year-old Phi Nguyen dead and his father, store owner Tam Nguyen, wounded.

Today, the N.C. Court of Appeals let stand the convictions of co-defendant John Junior Rush II for first-degree murder and first-degree attempted murder.

However, it remanded to the trial court to "arrest judgment" on Rush's conviction of robbery with a dangerous weapon.

The opinion was written by Judge Robert N. Hunter Jr. of Greensboro and joined by Judges Linda McGee and Barbara Jackson.

Rush did not shoot anyone. He did join Akheem Sterling in planning and carrying out the robbery at the McConnell Road Mini Mart.

Sterling went to the back of the store and exchanged gunfire with Tam Nguyen, shooting the store owner at least twice. Sterling was shot once.

Then Sterling returned to the front of the store, where he shot Phi "in the back of his head, in his chest, and in his back." The two escaped with all of $85. They were arrested within days.

Sterling was convicted of first-degree murder, attempted first-degree murder and robbery with a dangerous weapon and sentenced to life in prison plus 28 years.

Rush was charged and convicted the same as Sterling because he "acted in concert" during the commission of those crimes and bore equal responsibility. He was convicted of first-degree murder under the felony murder rule with the robbery serving as the underlying charge to sustain the first-degree murder count.

On appeal, Rush claimed the prosecutor made prejudicial remarks and that the trial judge should have granted his motion to dismiss the charge of attempted first-degree murder. The court disagreed, for reasons you can read for yourself.

Rush was successful in arguing the robbery charge should not have been allowed. In using that charge to support the murder charge under the felony murder rule, it is not permissible to sentence defendant separately for the underlying charge.

It's a technicality, and it shouldn't gain Rush even one day of freedom.

He did not shoot Phi Nguyen but he was equally guilty of his murder by participating in this vicious crime. The Court of Appeals affirmed the substantial evidence of his guilt. Justice done.

In another Greensboro case, one of those "drug deals gone bad," the Court of Appeals upholds second-degree murder convictions against Anthony Jacque Johnson.

Johnson was 17 when these crimes occurred. He could be 70 by the time he gets out of prison.