VIRGINIA BEACH, Va. - After facing multiple charges, defendant 20-year-old Andarion McInnis was found not guilty on the charge of first-degree murder on the second day of the trial of Chesapeake teen Bryant Austin Cueto's murder. He was found guilty on robbery and firearm charges.
On Thursday the jury recommended 48 years behind bars for McInnis for his role in the incident.
They recommended the sentence of 30 years for Robbery, 10 years for Conspiracy to Commit Robbery, five years for Use of a Firearm during a Murder and three years for Use of a Firearm during a Robbery.
During the trial, the eyewitness to the shooting, Ryan Umstot, gave an emotional testimony. He told the jury he called Cueto a "brother" and they met at Grassfield High School when he was a senior and Cueto was a freshman.
In Umstot's testimony, he told the jury that when he drove to the Applebee's on General Booth Boulevard in Virginia Beach on May 1, 2016, he was under the impression Cueto was going there to pick up money. However, Cueto got a "giant bag of Xanax" from a Nissan sedan, took a photo of the drugs and posted that photo on Snapchat. Umstot said that's when he realized Cueto was there to sell the drugs. On the stand, Umstot mentioned Cueto had asked him how much he should sell the drugs for.
Umstot also said the defendant, McInnis, and Jacquan Wilson, came up to the car he and Cueto were in. He showed the jury what McInnis does when he approaches the driver side window of the car. Umstot said McInnis made a gesture with his head signaling Umstot to look toward the center console of the car. Umstot said he saw a black revolver held by Wilson. Umstot got emotional on the stand, crying when he said Cueto didn't give Wilson the drugs, and that's when McInnis said "pop 'em" and Wilson shot Cueto.
Umstot explained Wilson ripped the bag of drugs from Cueto's hand and ran away with McInnis. Umstot testified that's when he put the car in drive and started driving toward the hospital. He was driving with his left hand, his phone cradled in his shoulder with his right hand on Cueto, who Umstot said wasn't responding.
On the stand, Umstot admitted he wasn't truthful with police about some details, fearful he would go to jail because he was on probation and had good behavior the past two years. The defense questioned Umstot about why he initially told police he didn't know Cueto had the bag of drugs. Umstot replied he was covering for his friend.
The defense played a video of Umstot's interview with police, arguing Umstot lied about details and left out McInnis saying "pop 'em" before Cueto was shot.
Other testimonies came from detectives and forensic specialists, talking about evidence, including fingerprints and Xanax pill fragments found in the car.