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Man guilty of 2003 homicide seeks to annul conviction

A man accused of masterminding the plot that resulted in the shooting death of Antwane Tio Dixon in 2003 is trying to have his conviction overturned.

A man accused of masterminding the plot that resulted in the shooting death of Antwane Tio Dixon in 2003 is trying to have his conviction overturned.

Randy Phillip DuPuis, 30, filed a motion to annul the conviction in February on the basis his attorney failed to represent him, the prosecutor engaged in misconduct and the judge failed to ask him directly if he had read a pre-sentence report created by the Department of Corrections.

Judge Michael Lucci denied the motion earlier this month, prompting DuPuis to file an appeal of that April 5 decision. DuPuis' appeal will be heard later this week in Ashland County Circuit Court.

DuPuis, who was 26 at the time of the homicide, pleaded no contest to a charge of being a party to first-degree reckless homicide in January 2005, after his brother, Michael, who was also facing charges in connection with the murder, agreed to cooperate with the prosecutor.

Michael DuPuis owned the gun used in the shooting and purchased the bullets just prior to the killing.

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Randy DuPuis was sentenced to 17 years in prison for masterminding the plot, in which Walter Taylor and shooter Roy Chester Owens were supposed to scare a man, Josh Ellerman, who once lived at 15311?2 E. Fifth St.

Dixon, who had moved from Moncks Corner, S.C., three weeks before the June 30, 2003, shooting, was the unintended victim. He died at age 20 on the stairwell leading to upper-floor apartment where he lived with his aunt and uncle.

Randy DuPuis will appear in Ashland County Circuit Court for the Thursday appeal.

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