Jury trial begins for Darrin Malone; accused in shooting death of gas station clerk

WAUKESHA -- A jury trial began Monday, February 15th for 29-year-old Darrin Malone -- charged in connection with a fatal shooting that occurred at the Citgo gas station in Waukesha last January.

Malone was charged with felony murder (as party to a crime, repeater) for his alleged role in the shooting death of 65-year-old Saeed Sharwani of Brookfield.

On January 13th, 2015, two masked men robbed the Waukesha gas station near Whiterock Avenue and Moreland Boulevard. Prosecutors say one of them was Malone. They say the other was Kenneth Thomas -- who allegedly shot and killed the store clerk.

Malone is charged with felony murder even though he did not pull the trigger -- because someone died while a crime was being committed.

Jerica Cotton, the alleged getaway driver, is also charged with felony murder (as party to a crime).

Kenneth Thomas, Jerica Cotton, Darrin Malone

Kenneth Thomas faces a number of charges, including:

    Police say Malone went into the gas station on the night of the robbery/fatal shooting — following behind Thomas. Cotton, police say, was the getaway driver.

    Saeed Sharwani (Photo: Waukesha PD Facebook page)

    According to the criminal complaint, Malone supplied the masks that were used in the crime. Thomas told police “Malone was behind him (when they walked into the gas station) and that the clerk started freaking out and so did he. Thomas stated that the clerk ran out as he climbed over the counter. Thomas stated that the clerk then came around and grabbed him and the next thing he knew, the gun went off.” The complaint indicates that Malone asked Thomas “if he did it on purpose and Thomas said no.”

    Police arrested Thomas, a convicted felon, in West Allis less than 10 hours after the shooting. Cotton was also quickly apprehended. Darrin Malone, however, was on the run until February 23rd, 2015 — more than a month after the shooting.

    Police believe Thomas and his accomplices were involved in at least six robberies in four jurisdictions. Their crime spree touched the communities of West Allis, Milwaukee, the Town of Brookfield and the city of Waukesha.

    Cotton and Thomas have jury trials scheduled to begin on February 23rd.