Suspect guilty of lesser charge

NEW ORLEANS — A man once accused of killing a tourist from Edmonds was convicted instead of having the victim’s stolen property — a wallet and cellphone — within hours of the killing.

Lester "Shorty" Harris, 33, was sentenced to six months in jail for possession of stolen property valued at less than $300, which is a misdemeanor.

Criminal District Court Judge Raymond Bigelow sentenced Harris immediately after finding him guilty on Friday.

Harris originally was booked for investigation of murder in last December’s death of Thomas Breiwick, a marine architect from Edmonds who was in town for a convention. But prosecutors eventually dropped the case, saying they had no substantial evidence to charge Harris with murder.

Instead, District Attorney Eddie Jordan’s office went after Harris for having the victim’s cellphone and leather wallet — empty at the time of his arrest.

Prosecutors charged Harris with felony possession of stolen goods, but then reduced the charge in April, concluding that the value of the items added up to less than $300.

Harris insisted from the day of his arrest that he had nothing to do with the murder, but police linked him to the dead man’s cellphone and wallet.

Breiwick, 56, was beaten in the head and left to die the night of Dec. 2. He was attacked after having dinner with fellow conventioneers and then going out to hear music. Passers-by found his body. No other suspects have been arrested.

Within three days, Harris was booked for investigation of murder. Prosecutors did not charge him with murder within 60 days of his arrest, but Harris remained jailed because he was charged with possession of stolen goods.

At his trial Friday, a witness testified that she used the cellphone in question early on the morning after Breiwick’s killing.

Felicia Vernon testified that Harris offered her "his" cellphone to find a ride. Phone company records backed up her story.

Copyright ©2004 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

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