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Witness Theodore Thomas, outside the jury's presence, said he would plead the Fifth on questions about his grand jury testimony

8 min read

Video: Law&Crime Trials · Published 5:04 PM CT

Today in five bullets · State of Texas v. Markies Conway · Day 4 · Oct 29

  1. Thomas told the prosecutor he intended to invoke the Fifth on everything he testified to before the grand jury and on prior unsworn consistent statements. 9:09 AM
  2. The witness agreed on cross that the paperwork lacked Conway's name and White did not vouch for Conway or serve as his guarantor. 10:26 AM
  3. The witness agreed that none of the records the state brought had anything to do with Conway. 10:27 AM
  4. The judge told the witness that his attorney had informed the court he intended to invoke his Fifth Amendment right to remain silent, and he said he understood. 8:57 AM
  5. Thomas said he would plead the Fifth when asked if he recalled testifying about people including Markies Conway, Jerry Johnson and Kiwan White. 9:03 AM

The Case

Charged: Capital murder (murder for hire).

What happened: Markies Conway, the Dallas rapper known as Yella Beezy, is accused of paying for the killing of rival rapper Melvin Noble Jr., known as Mo3, who was shot on Interstate 35 on Nov. 11, 2020. Conway has pleaded not guilty.

Where it stands: state's case.

Judge Chika Anyiam · State: Tommy Adams · Defense: Toby Shook

Updated Day 3

What's next

Judge Anyiam told the witness, outside the jury's presence, to return at nine the next morning with an attorney. 9:56 AM 9:56 AM

Morning: a witness invokes the Fifth outside the jury's presence

Judge Anyiam told the witness that his attorney had informed the court he intended to invoke his Fifth Amendment right to remain silent, and he said he understood. 8:57 AM Thomas stated his name as Theodore Thomas, spelling it for the court reporter. 8:58 AM

Thomas agreed he testified before a Dallas County grand jury on February 13, 2025, and said he did not recall who was present that day. 8:59 AM The prosecutor showed him State's Exhibit 1008, a 143-page grand jury transcript, and Thomas identified himself and two others among the names listed. 9:01 AM

Thomas said he would plead the Fifth when asked if he recalled testifying about people including Markies Conway, Jerry Johnson and Kiwan White. 9:03 AM He also said he would plead the Fifth to questions about being in California with Conway in November 2020 and a conversation in Conway's Denali. 9:06 AM

Judge Anyiam told the state the witness appeared to be pleading the Fifth to all material questions and asked what the state wanted to do. 9:07 AM The defense asked Thomas whether he gave a recantation to Detective Barnes with his attorney present, and Thomas said he would plead the Fifth. 9:09 AM

The judge told Thomas he could step down, and the prosecutor asked that he not be released at that moment. 9:09 AM Later, the judge told the witness, outside the jury's presence, that he remained under oath and must return at nine the next morning with an attorney. 9:56 AM

Morning: the bail bond records

A witness identified herself as a bondsman who worked at a bail bonds company in 2020 and said Dallas police had asked for video and information on Kewon White. 10:01 AM Judge Anyiam admitted State's Exhibits 693 and 694 for record purposes. 10:05 AM 10:05 AM

The witness described State's Exhibit 691 as a payment history for Kewon White and said White owed 2,550 and paid 300 on November 11, 2020. 10:08 AM She testified, based on the records, that White had not been making payments and had missed check-ins before his Nov. 11, 2020 in-person visit. 10:10 AM She also testified that it does not happen too often for customers to come in early and pay multiple weeks in advance. 10:16 AM

On cross, the witness agreed that bringing cash to a bonding company is normal and that White's cash payment was a normal amount that was not exorbitant. 10:22 AM She agreed the paperwork lacked Conway's name and that White did not vouch for Conway or serve as his guarantor. 10:26 AM

Late morning: phone extractions

The state called Detective Abrams, and Detective Norman Abrams of the Fort Worth Police Department homicide division spelled his name for the court reporter. 10:27 AM 10:28 AM Norman Abrams, a detective, testified he worked this case as a DEA task force officer and cellphone downloader for the HIDTA group in Irving, Texas. 10:28 AM

Abrams identified six phones by exhibit number and said he did extractions on them, at different levels but successfully. 10:32 AM Judge Anyiam admitted State's Exhibits 737, 739, 741, 1152, 1153 and 1154 for all purposes after no objection was stated. 10:35 AM

Abrams described why extractions vary, citing whether a phone was locked or powered off and software needing to catch up with updates. 10:36 AM He testified he created an export containing everything and was not asked to decide which data was relevant. 10:40 AM The defense had no questions for Abrams, and he was released after neither side objected. 10:46 AM

All 39 Moments

Time (CT) and stream positionMoment
8:57 AM
0:12:46
The judge told the witness that his attorney had informed the court he intended to invoke his Fifth Amendment right to remain silent, and he said he understood.
Other
8:58 AM
0:13:36
Thomas testified outside the jury's presence and stated his name as Theodore Thomas, spelling it for the court reporter.
Direct (state)
8:58 AM
0:13:49
Judge Anyiam said the record would reflect that the proceedings were outside the presence of the jury.
Ruling
8:59 AM
0:14:24
Thomas agreed he testified before a Dallas County grand jury on February 13, 2025, and said he did not recall who was present that day.
Direct (state)
9:01 AM
0:16:42
The prosecutor showed Thomas State's Exhibit 1008, a 143-page grand jury transcript, and Thomas identified himself and two others among the names listed.
Direct (state)
9:02 AM
0:17:18
The judge asked whether Mr. Thomas had been indicted for any matter relating to these cases, and the prosecutor said he was not indicted related to this case.
Ruling
9:03 AM
0:18:26
Thomas said he would plead the Fifth when asked if he recalled testifying about people including Markies Conway, Jerry Johnson and Kiwan White.
Direct (state)
9:06 AM
0:21:42
Thomas said he would plead the Fifth to questions about being in California with Conway in November 2020 and a conversation in Conway's Denali.
Direct (state)
9:07 AM
0:22:58
Judge Anyiam told the state the witness appeared to be pleading the Fifth to all material questions and asked what the state wanted to do at that point.
Ruling
9:08 AM
0:23:22
The prosecutor asked the court for one moment in response, and Judge Anyiam said yes.
Scheduling
9:09 AM
0:24:08
Thomas told the prosecutor he intended to invoke the Fifth on everything he testified to before the grand jury and on prior unsworn consistent statements.
Direct (state)
9:09 AM
0:24:45
The defense asked Thomas whether he gave a recantation to Detective Barnes with his attorney present, and Thomas said he would plead the Fifth.
Cross (defense)
9:09 AM
0:25:00
The judge told Thomas he could step down, and the prosecutor asked that he not be released at that moment; the judge said that was correct.
Ruling
9:10 AM
0:25:10
The judge told the witness's attorney to make sure his client remained in the courthouse in case he needed to take the stand again.
Ruling
9:56 AM
1:11:21
The judge told the witness, outside the jury's presence, that the witness remained under oath and must return at nine the next morning with an attorney.
Scheduling
9:56 AM
1:11:46
The judge told the witness not to discuss the case with anyone or do social media research, and to return at nine AM with the witness's attorney.
Scheduling
9:56 AM
1:12:01
Bright told the judge that the client would be present the next morning and that Bright would discuss requisite matters with the client.
Scheduling
10:01 AM
1:16:41
The witness said she is a bondsman who worked at a bail bonds company in 2020 and that Dallas police asked for video and information on Kewon White.
Direct (state)
10:05 AM
1:20:48
The prosecutor described 692 as a notice of intent to use business records for the videos, and the judge admitted 693 for record purposes.
Ruling
10:05 AM
1:21:00
The prosecutor described 694 as a copy of the search warrant for the DVR videos and documents, and the judge admitted 694 for record purposes.
Ruling
10:08 AM
1:24:00
The witness described State's Exhibit 691 as a payment history for Kewon White and said White owed 2,550 and paid 300 on November 11, 2020.
Direct (state)
10:10 AM
1:25:45
The witness testified, based on the records, that White had not been making payments and had missed check-ins before his Nov. 11, 2020 in-person visit.
Direct (state)
10:16 AM
1:31:30
The witness testified that it does not happen too often for customers to come in early and pay multiple weeks in advance.
Direct (state)
10:18 AM
1:33:16
The witness said another employee, not she, gave a detective a business card with phone numbers and addresses for White.
Direct (state)
10:22 AM
1:37:39
The witness agreed on cross that bringing cash to a bonding company is normal and that White's cash payment was a normal amount that was not exorbitant.
Cross (defense)
10:26 AM
1:41:21
The witness agreed on cross that nothing White did in making a payment on his bond account was unusual.
Cross (defense)
10:26 AM
1:41:42
The witness agreed on cross that the paperwork lacked Conway's name and White did not vouch for Conway or serve as his guarantor.
Cross (defense)
10:26 AM
1:41:42
The witness agreed that White did not vouch for Conway and was not listed as a guarantor for Conway on the paperwork.
Cross (state)
10:27 AM
1:42:05
The witness agreed that none of the records the state brought had anything to do with Conway.
Cross (state)
10:27 AM
1:42:15
Judge Anyiam told the witness, after neither side objected to release, that the witness was free to leave.
Scheduling
10:27 AM
1:42:33
The judge called for the state's next witness, and a lawyer told the court the state called Detective Abrams.
Scheduling
10:28 AM
1:43:21
Detective Norman Abrams of the Fort Worth Police Department homicide division identified himself and spelled his name for the court reporter.
Direct (state)
10:28 AM
1:43:59
Norman Abrams, a detective, testified he worked this case as a DEA task force officer and cellphone downloader for the HIDTA group in Irving, Texas.
Direct (state)
10:32 AM
1:48:05
Detective Abrams identified six phones by exhibit number and said he did extractions on them, at different levels but successfully.
Direct (state)
10:35 AM
1:50:33
Judge Anyiam admitted State's Exhibits 737, 739, 741, 1152, 1153 and 1154, the phones, for all purposes after no objection was stated.
Ruling
10:36 AM
1:51:54
Norman Abrams, a detective, described why extractions vary, citing whether a phone was locked or powered off and software needing to catch up with updates.
Direct (state)
10:40 AM
1:55:46
Norman Abrams, a detective, testified he created an export containing everything and was not asked to decide which data was relevant.
Direct (state)
10:46 AM
2:01:40
The defense had no questions for Norman Abrams, and the witness was released after neither side objected.
Cross (defense)
10:46 AM
2:01:49
The prosecutor asked the judge whether the lawyers could approach, and the judge said yes.
Sidebar

Clock times are court local (CT). Each opens the Law&Crime Trials stream at that moment.

Witnesses today

Theodore ThomasState · Testified today
Annette AlvaradoState · Testified today
A witnessDefense · a witness · Testified today
A witnessState · a witness · Testified today

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