Trial date scheduled in April for suspect in Village Pantry shooting

A plea of not guilty was reportedly entered on his behalf at the initial appearance.

Brandon Payton

Brandon Payton

Fox59

11:38 a.m. EST, February 28, 2012

Indianapolis

A 16-year-old boy charged in connection with the shooting of a Village Pantry clerk made his first appearance in adult court Tuesday.

Last week, Brandon Payton agreed to a plea deal.  In the deal, Payton agreed to plead guilty to attempted robbery in October, where Marcy Birnell was shot in the head.  Additionally, he will plead guilty to robbery at the same Village Pantry store a year prior. 

If a judge accepts Payton’s plea, he would be sentenced to 35 years in prison. 

Payton’s trial date was scheduled for April 23 in the Marion Superior Court. 

Birnell was critically wounded following the shooting.  She continues to recover at a rehab facility. 
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