A man charged with murder in two separate cases has been quietly allowed to plead guilty to lesser charges for sentences which could result in his release in four years.
Admitted gang member Shawn Hartwell was charge with two separate murders in Roselle, but could be released from prison after serving less than 10 years. (Union County Prosecutor's Office) ELIZABETH -- He faced two counts of murder, for separate fatal shootings occurring three years apart, but now Shawn Hartwell could be released from prison after serving less than 10 years.
Last April, one murder charge against Hartwell was dismissed and he pleaded guilty to weapons charges stemming from the Nov. 9, 2011 killing of Montau "Monty" McCloud, 31, of Linden.
He received a total sentence of 15 years, but could be released after serving less than 10, according to state records.
Last month, after two witnesses - both of them prison inmates - refused to testify in court, Hartwell quietly pleaded guilty to a reduced charge of aggravated manslaughter for the 2008 fatal shooting of Bashon Rose, 22, of Newark, who alleged was a member of a rival street gang.
In exchange for his guilty plea, the Union County Prosecutor's Office will recommend that Hartwell receive a 10-year sentence for the Rose killing. Hartwell must serve 85 percent of that sentence - or about 8 years and 6 months - before he is eligible for parole.
However, Hartwell, 29, who authorities say is an admitted member of the Crips street gang, has been in custody since he was arrested in November 2011. The more than four years that he has been incarcerated will be credited towards his sentence, according to court records.
The prosecutor's office has refused repeated requests for comments about the two cases.
Hartwell's attorney also refused to comment on the case.
On Dec. 26, 2008, the day after Christmas, Roselle police responded to reports of shots fired at about 11 p.m. and found Rose shot multiple times in the area of Drake Avenue and St. Georges Avenue, authorities said.
McCloud, the second victim, was shot nearly three years later, on Nov. 9, 2011 at about 9:30 p.m. on the 1100 block of Warren Street in Roselle.
Two days later, on Nov. 11, police arrested Hartwell and charged him with with McCloud's murder. Authorities said McCloud had no gang affiliation.
Last year, on April 28, Hartwell pleaded guilty to unlawful possession of a firearm in the McCloud case and was sentenced to five years in prison with the requirement that he serve at least 85 percent of the sentence before being eligible for parole, according to court records.
The records also show the murder charge was dismissed as part of the plea bargain. It is unclear why the charged was dropped.
Last month during pre-trial hearings for the trial involving the murder of Rose, two inmates were put on the witness stand and each of them refused to testify.
On Feb. 22, one inmate, Taj Williams, when questioned by Superior Court Judge Stuart Peim, refused to state his name and refused to be sworn-in to testify, according to court records. Williams said he would not answer any questions, according to a audio recording of the hearing.
Union County Assistant Prosecutor Melissa Spagnoli asked Williams a series of questions, including his age, if he was a member of the Rollin' 30 Crips gang, did he know Hartwell, and did he give a sworn statement on June 20, 2010.
Each time Williams muttered out a three-word response.
"Decline to answer," he said.
Peim ordered that Williams be formally held in contempt of court and face additional jail time, which the judge said was intended to pressure the witness to answer questions. Williams acknowledged that he will be eligible for parole in August, but Peim said that would be extended if he refused to testify at Hartwell's trial.
At the end of that hearing, with Williams still refusing to answer, Spagnoli told the judge that she had to call another witness who was incarcerated in Essex County.
Later that day, however, the case suddenly ended when Hartwell pleaded guilty to the lesser charge of aggravated manslaughter in exchange for the prosecutor recommending the 10-year sentence, the minimum term for that crime.
Peim said in court that the charge is punishable by sentences of 10 year to 30 years. Peim said Williams would have to serve 85 percent or eight years and six months. The judge also said Williams would receive credit for time served since his arrest in November 2011.
Hartwell is scheduled to be sentenced April 8.
Tom Haydon may be reached at thaydon@njadvancemedia.com. Follow him on Twitter @Tom_HaydonSL. Find NJ.com on Facebook.