Portsmouth man pleads not guilty in 2007 slaying

CHESAPEAKE

A Portsmouth man pleaded not guilty Monday to the fatal January 2007 shooting of Clarence Darden at Frank's Trucking Center in Bowers Hill.

Derreak McMillian entered the plea during the first day of his jury trial in Circuit Court on charges of first-degree murder, use of a firearm and grand larceny of a dump truck. Judge V. Thomas Forehand Jr., asked jurors to return today for the trial, which could last two weeks.

Darden, 39, was on Interstate 664 when he spotted his former employer's truck. He followed the truck to Frank's Trucking, approached the driver and was shot, Chief Deputy Commonwealth's Attorney Lori Galbraith told jurors during opening statements.

He suffered three gunshot wounds. The truck sped away and was found abandoned and burning along train tracks near Cavalier Industrial Park. The prosecution's case will rely on circumstantial evidence, such as clothing, 9 mm bullets and a gun found at McMillian's home in the 1500 block of Cavalier Blvd.

McMillian's attorney, Andrew James, argued that no one can identify his client as the killer or place the murder weapon in his hands. No gunshot residue was found on his client's hands, James said.

Police stopped several individuals the night of the shooting, including one who tested positive for gunshot residue, James said.

If convicted, McMillian faces life in prison, a mandatory three years for using the weapon and up to 20 years for stealing the truck.

John Hopkins, (757) 222-5221, john.hopkins@pilotonline.com