Co-conspirators Jorge Hernandez and Joshua Campbell said Andre Bivins was second in command in the December 2019 attempted robbery turned murder of Ed Ross.
Prosecutors said Abel Ortiz, Joshua Campbell and Bivins knocked on Ed Ross’ home and told his father, Ken Ross, that they had money for Ed Ross. Bivins was in charge of the three who entered the home.
Once Ross came into the living room from the shower, Campbell said Bivins shot at Ross but missed. Ross then tried to grab Bivins’ gun, but Bivins shot him in the hand.
Campbell and Ortiz started firing at the 31-year-old and killed him.
After the shooting the co-conspirators met back up in St. Andrews. Bivins was frustrated that Ortiz shot at Ross seven times.
“This is his statement. ‘If I knew y’all were going to shoot like a circus, I would’ve finished the cracker myself,”‘ Prosecutor Mark Graham said.
After the shooting Bay County Sheriff’s officials tracked down Bivins in Leon County. During their interview, Bivins said he was the driver. He said he thought the group was just going to buy marijuana.
Prosecutors said that was a lie.
“He knew darn good and well they were going to rob Ed Ross,” Graham said.
Bivins’ defense attorney said Bivins looked high during the interview, so the jury should not consider it as evidence.
“You decide whether Mr. Bivins was in control of his capacity to understand what he was doing,” Defense Attorney Arthur Hearing said. “I listened to him, he’s slurring words. And I’ve been told he looks very stoned.”
Video camera footage showed Bivins with the co-conspirators at a gas station before the crime. Cell phone analysis showed Bivins calling Hernandez multiple times before and after the shooting.