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The original item was published from 10/20/2023 2:40:00 PM to 10/21/2024 12:00:01 AM.

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Commonwealth's Attorney

Posted on: July 14, 2023

[ARCHIVED] Commonwealth v. Fareed Nelson Luckett

Man Sentenced to 5 Years In Prison Following Jury Conviction of Manslaughter From 2021 Barbershop Shooting

NORFOLK, Va. – Today, 44-year-old Fareed Nelson Luckett was sentenced in Norfolk Circuit Court to five years in prison for the manslaughter of 37-year-old Calvin Anthony Durham Jr. after Mr. Nelson Luckett shot Mr. Durham during an altercation at a barbershop.

On the afternoon of June 4, 2021, Mr. Durham entered the Kappatal Cuts on Brambleton Avenue and asked to speak to Mr. Nelson Luckett. Video surveillance footage from the inside of the shop showed Mr. Durham then starting a fistfight with Mr. Nelson Luckett and others in the barbershop intervening to break up the fight. After Mr. Durham and Mr. Nelson Luckett were separated and had a moment to cool off outside, both men reentered the shop.

A few minutes later, Mr. Durham walked past Mr. Nelson Luckett out the front door of the shop. When Mr. Durham reentered the shop shortly after, Mr. Nelson Luckett initiated another fight with Mr. Durham, jumping on Mr. Durham and punching him several times. The video footage showed that Mr. Durham had nothing in his hands when he reentered the shop, and he did not look at or speak to Mr. Nelson Luckett before the second altercation. During this second fight, Mr. Nelson Luckett — while on top of Mr. Durham in a wrestling hold — pulled a firearm, then Mr. Durham pulled a firearm, and then the two shot one another. According to Mr. Nelson Luckett’s testimony at trial, Mr. Nelson Luckett took the firearm from Mr. Durham’s person and shot him with it.

Mr. Nelson Luckett admitted to shooting Mr. Durham when Norfolk Police arrived at the barbershop, but he claimed he did so in self-defense. Emergency responders transported Mr. Nelson Luckett and Mr. Durham to Sentara Norfolk General Hospital, where Mr. Durham was pronounced dead, and Mr. Nelson Luckett was treated for his injuries.

Mr. Nelson Luckett was arrested on June 9, 2021, and charged with second-degree murder and the use of a firearm in the commission of murder.

On July 14, 2023, a Norfolk jury found Mr. Nelson Luckett guilty of voluntary manslaughter — a lesser-included offense of second-degree murder — and of the use of a firearm.

On Friday, Judge Jerrauld C. Jones sentenced Mr. Nelson Luckett to nine years in prison, with four years suspended on the conditions that Mr. Nelson Luckett complete five years of uniform good behavior and two years of supervised probation.

“The law allows people to kill in self-defense only when they face immediate and deadly violence. Mr. Nelson Luckett may have thought he had the right to kill, but he was wrong,” said Commonwealth’s Attorney Ramin Fatehi. “When Mr. Nelson Luckett killed Mr. Durham, he committed a criminal homicide, and that is why the jury convicted him. Otherwise, any person could appoint himself judge, jury, and executioner. Mr. Durham did not have to die that day, and I grieve with his family. Mr. Nelson Luckett must serve his sentence.”

Senior Assistant Commonwealth’s Attorneys Shavaughn N. Banks and Michelle L. Newkirk prosecuted Mr. Nelson Luckett’s case on behalf of the Commonwealth, and retired Norfolk Police Detective Jean Claude Noel led the investigation.

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July 14, 2023

Jury Convicts Norfolk Man of Manslaughter Following 2021 Barbershop Shooting

NORFOLK, Va. – A Norfolk jury on Friday convicted 44-year-old Fareed Nelson Luckett of voluntary manslaughter and the use of a firearm in the commission of a felony after Mr. Nelson Luckett shot and killed 37-year-old Calvin Anthony Durham Jr. at a Brambleton barbershop.

On the afternoon of June 4, 2021, Mr. Durham went looking for Mr. Nelson Luckett at Kappatal Cuts on Brambleton Avenue. Video surveillance footage from the inside of the shop showed Mr. Durham starting a fistfight with Mr. Nelson Luckett and barbershop staff and clients intervening to break up the fight. After Mr. Durham and Mr. Nelson Luckett were separated and had a moment to cool off, both men reentered the shop.

A few minutes later, Mr. Durham walked past Mr. Nelson Luckett out the front door of the shop. When Mr. Durham reentered the shop shortly after, Mr. Nelson Luckett initiated another fight with Mr. Durham. The video footage showed that Mr. Durham had nothing in his hands when he reentered the shop, and he did not look at or speak to Mr. Nelson Luckett. During this second scuffle, both men produced firearms and shot one another. According to Mr. Nelson Luckett’s testimony at trial, Mr. Nelson Luckett took a firearm from Mr. Durham’s person and shot him with it.

Mr. Nelson Luckett admitted to shooting Mr. Durham when Norfolk Police arrived at the barbershop, but he claimed he did so in self-defense. Emergency responders transported Mr. Nelson Luckett and Mr. Durham to Sentara Norfolk General Hospital, where Mr. Durham was pronounced dead and Mr. Nelson Luckett was treated for his injuries.

Mr. Nelson Luckett was arrested on June 9, 2021, and charged with second-degree murder and the use of a firearm in the commission of murder. After about four hours of deliberation on Friday, the jury found Mr. Nelson Luckett guilty of voluntary manslaughter — a lesser included offense of second-degree murder — and the use of a firearm. He is docketed for sentencing on Oct. 20.

“Mr. Durham did not need to die. Just because someone claims self-defense does not mean that they are right, and when they are wrong, they have committed a crime,” said Commonwealth’s Attorney Ramin Fatehi. “Thank you to the eyewitnesses who testified in this case and helped hold Mr. Nelson Luckett accountable. Witness cooperation, plus high-quality video from the scene of the crime and good work from the Norfolk Police Department, helped bring this case to verdict.”

Senior Assistant Commonwealth’s Attorneys Shavaughn N. Banks and Michelle L. Newkirk are prosecuting Mr. Nelson Luckett’s case on behalf of the Commonwealth.

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