Hung jury

Superior Court Judge Richard D. Bonor ruled a mistrial around 12:30 p.m. Friday after jurors told him they were deadlocked 9-3 and it hadn't changed since yesterday afternoon.

The victim's family members said the assistant district attorney told them the state could possibly re-try the case in August or September.

Court day ends with no verdict

The jury in the Terry Lee Bess second-degree murder trial left for the day without reaching a verdict. Deliberations will resume at 9:30 a.m. Friday.

Lunch

Jurors have went to lunch without a verdict. They will resume deliberations at 2 p.m.

Before leaving for lunch, the judge asked the prosecutor and the defense attorney to approach the bench. The subject of their conversation was not revealed.

Jury says they are deadlock

A jury deciding the fate of Terry Lee Bess said they are deadlock 8-4. The jury foreman was instructed by the judge not to disclose which way the vote leaned. The judge instructed the jury to continue deliberation and try to reach a verdict.

Case to enter day 4

The court day ended at 5 p.m. with jury not reaching a verdict. Court will continue at 9:30 a.m. Thursday.

Case in jury's hands

After Judge Richard D. Boner explained the laws to the jury, the 12 county residents now have to decide Terry Lee Bess' fate.

The jury has the option of finding one of the following three verdicts:

* guilty of second-degree murder
* guilty of voluntary manslaughter
* not guilty

Prosecutors: Bess killed with malice

Assistant District Attorney described how Terry Lee Bess beat Sherwood Wade with a broken mop handle as he fought for his life on an apartment porch on Logan Street.

He said just because the 13-year-old girl cried doesn't mean she has an interest in the outcome of the case.

He said the stabbing occurred early on when Bess came up from behind and stabbed Wade. He said the girl's testimony supports that argument.

He said the fight over the knife occurred after.

"I don't know if its the alcohol or drugs that creates this malice but something did," said Young.

Defense: Bess defended himself

During closing arguments, Defense Attorney Calvin Coleman went first.

He described how Terry Lee Bess and Sherwood Wade got into a fight because Bess wouldn't share his crack.

“He’s a big man. He hit Terry in the jaw and knocked a tooth lose. Terry had a knife at that point that he could have used but he had to be provoked further.”

Coleman said he Bess had a reasonable expectation to be fearful of Wade because of Wade's reputation.

“This man had killed a man with his own bare hands and go to prison. He saw him slam people. All that’s in his mind when Sherwood had him.”

Coleman said the video or audio of the police interview with Bess was never introduced by the prosecution. He said the video would show an emotional Terry Lee Bess. He said Bess remained at the scene and didn't immediately know the injuries were fatal.

Coleman questioned the credibility of the witness, particularly a girl who was 13 at the time. He said she could be bias because she knew Wade and tried to get through the police line to get to the body. Coleman said she claims she witnessed part of the fight but never told police.

"She never made a statement to police. Not a one," said Coleman.

Defense rests case

The defense in the Terry Lee Bess second-degree murder trial rested its case this morning. Closing arguments to begin shortly.

Bess trial: Day 3 begins

Day three of Terry Lee Bess’ second-degree murder trial resumed Wednesday morning with the defense calling Marshall Walton to the stand.

Walton testified when he was passing through Logan Street he saw a man leaving a house and following Bess while pointing towards him looking like he was going to hit him.

During cross-examination, Assistant District Attorney questioned where exactly Walton was when he saw Bess. Walton said he wasn’t exactly sure because he doesn’t know the names of the streets.

Young also questioned what Walton was doing in the neighborhood. Walton said he was passing through on his way home.

Court recessed

Court is in recess until tomorrow morning.

Wade's criminal history

In 1993, Sherwood Wade was convicted of second-degree murder in Cleveland County, according to the N.C. Department of Corrections.

That case was mentioned briefly.

“I reached in my pocket for a knife because I felt threatened he was going to kill me,” said Bess. “I heard he killed that older man with his bare hands.”

Assistant District Attorney Bill Young brought up Bess' multiple convictions of assaulting a female.

He also questioned why Bess gave different stories to police following the incident.

Bess takes the stand

Defendant Terry Lee Bess takes the stand in his own defense.

He said the incident started when Sherwood Wade and him were at a crack house on Buffalo Street. Bess said he just bought some crack when Wade ask for some.

“He asked me for a hit," said Bess.

Bess said he wasn't going to share.

“On Aug. 3, I gave him a couple of dollars to go buy drugs and he didn’t come back. It wasn't about the money it was about the principal. He started cussing me out. I walked away."

He said later, Wade threatened him and threw the first punch.

"He hit me in the right jaw and knocked by tooth out," said Bess. "I was scared of him because of his reputation. I've seen him slam and beat people."

Defense takes over

Defense Attorney Calvin Coleman started calling witnesses this afternoon. First with Dr. Owens, followed by a crime scene investigator with the Shelby Police Department and Phyllis Roth.

Another prosecution witness testifies

A neighbor of Phyillis Roth, LaDeana McDowell, testified she was awaken by a loud banging noise on Roth's door.

She lives in the same apartment building, in the unit directly next to Ms. Roth's.

She said she went outside and saw Bess making a thrusting motion with a broken mop.

“He was saying something about money," she said.

Ms. McDowell left the stand.

The prosecution then called Dr. Thomas Owens, a forensic pathologist with the state's medical examiner's office in Charlotte. He performed the autopsy. He described how Sherwood Wade died and how look it probably took him to die once he was stabbed.

Owens said Wade's blood alcohol level was equivalent to 0.13 on a breathalyzer test.

He said Wade had sharp force and blunt force trauma injuries.

He described Wade as 6 feet, 3 inches weighing 238 pounds with a muscular build.

Owens testified Wade had a razor blade and a crack pipe in his clothing when he received the body.

Alleged weapon introduced

At about noon, prosecutors introduced a mop handle with blood stains into evidence.

An investigator with Shelby Police Department said the mop handle was recovered close to the victim's body and had what appeared to be blood on it.

Under questioning from the defense attorney, the investigator said he didn't run any scientific test to determine what was on the mop handle and who the fluids belonged to.

"I haven't determined if it was blood. It hasn't been matched by DNA."

The investigator left the stand.

Court is in recess until about 2 p.m.

'I need help, help me please'

Phyllis Roth said she woke up to the sounds of a couple of loud drunks walking close to her house on Logan Street. She said she later heard a commotion outside.

“I heard a thump on the door,” said Roth. “I went to the door and gentlemen said ‘I need help, help me please.”

She said she then called 911.

She said the police department never questioned her about the incident.

"So a person died on your front porch and the police never talked to you,” asked defense attorney Calvin Coleman.

She said "no."

She said had the police questioned her, her testimony would have been the same then as it was today.

Second witness takes stand

Tashiana Jones said she was sitting on top of a car outside her apartment when she saw Sherwood Wade walking towards her with several men following him. She said she saw Terry Lee Bess come up from behind Wade and hit him.

“I could hear Sherwood say I can’t breath, I can’t breath,” said Ms. Jones, who knew Wade for at least two years at the time of the incident but didn't know Bess.

She said she ran inside to tell her mom to call 911 and the went back outside.

"I saw the police and they said he was dead," said Ms. Jones.

She said she didn't give a statement to police that night and wasn't involved in the case until the district attorney's office called her two months ago.

She was 13-years-old the night of the incident.

Ms. Jones left the stand.

Witness takes the stand

Stokley Osborne, a friend to both Bess and Wade, took the stand to describe what took place the night of the killing. Osborne, who admitted in court he was under the influence of alcohol and drugs that night, said Bess and Wade got into a fight because Wade owed Bess $2.

"Sherwood started cursing and said 'I’m not going to give you anything,'" said Osborne.

He said he didn't see a weapon and Sherwood through the first punch.

Bess' Defense Attorney Calvin Coleman highlighted discrepancies in Osborne's testimony compared to the written police report he signed the night of the killing.

Osborne left the stand and 16-year-old Tashiana Jones took the stand.

With the lights on, the trial resumes

Testimony in Terry Lee Bess’ second-degree murder trial resumed Tuesday morning with Sgt. Shannon Price of the Shelby Police Department back on the stand.

After providing the jury with an overview of the area surrounding Logan Street using photographs, Price described what he first encountered when he arrived at the scene at the 800 block the night of the stabbing.

He testified he found Sherwood Wade at an apartment complex slumped over a plastic lawn chair with a stab wound to the chest. He said Wade was taking his last breaths.

Price said he asked Bess if they had been fighting. Price testified Bess responded: "Ask him. Let him tell you."

Price said Wade was obviously unable to respond.

Justin Ledford, a paramedic for Cleveland County EMS, then took the witness stand.

He testified he checked his pulse when he arrived at the scene. He wasn’t breathing and had no pulse. He pronounced him dead. He said Wade had a large puncture wound to the chest.

Case on hold

The judge ordered the case to be recessed until tomorrow morning because of continious power outages in the courtroom.

Trial resumes

The trial of Terry Lee Bess resumed with Sgt. Shannon Price of the Shelby Police department on the stand.

Temporary delay in trial

The murder trial of Terry Lee Bess has been delayed while the judge hears a motion in an unrelated case. The trial should resume shortly.

Interview with victim's family

Sherwood Wade's uncle and sister plan to be at the trial until it ends.

His sister, Regina Wade, said her brother served in the Army for two years, played football at Shelby High School and earned a scholarship to play at Mars Hill College.

Wade was 38-years-old when he was killed.

She said he once helped his neighbor who was slashed in the throat by a relative.

"My brother saved his life," said Ms. Wade. "If he didn't find him, he would have died."

Wade's uncle Claude London said his nephew and the suspect, Terry Lee Bess, were longtime friends. He said he wouldn't have ever thought Bess could commit the murder but wants to see the justice system work.

"He's such a good person too," said London. "That's what disturbs me the most. I would like to see justice served so people know you can't go out and kill someone."

Ms. Wade said she doesn't believe the self defense claim.

"He could have stabbed him in his leg or somewhere else. Anytime you stab someone in the upper body you're meaning to kill them."

Opening arguments

Assistant District Attorney waived the option of presenting an opening argument.

Defense Attorney Calvin Coleman told the jury the incident started in a crack house where his client and others were dealing cocaine.

"Sherwood decided he was going to take cocaine from Terry because he wasn’t going to share it."

At some point later, Colman said a fight started between the two.

"Both men fought violently. Sherwood would end up getting stabbed. Sherwood was a much, much bigger man than Terry was."

Court was recessed until the afternoon.

Jury seated

At about 11 a.m. a jury was seated with eight women and four men. One of the women said her brother was shot and killed 12 years ago in Shelby.

A woman was selected as an alternate juror.

Opening arguments are scheduled to begin shortly with the first evidence in the case beginning in the afternoon.

Jurly selection begins

With the winds swirling outside and the lights flickering off and on in the Law Enforcement Center, jury selection began Monday morning for the second-degree murder trial of Terry Lee Bess.

Assistant District Attorney Bill Young announced the state would be trying Bess for second-degree murder instead of first-degree murder.

Bess is charged with killing Sherwood Wade on August 5, 2004.

During the questioning of the jury, Young mentioned the concept of self-defense might come into play during the trial.

When selecting the jury, Bess' attorney, Calvin Coleman, asked the jury if a person has the right to defend themselves.

Murder trial slated to begin

The first-degree murder trial of Terry Lee Bess is scheduled to begin Monday morning in Cleveland County Superior Court. Bess is charged with killing Sherwood Wade on Aug. 5, 2004.

Check out my blog throughout the day for updates from the courtroom.

Pedestrian struck in parking lot

A woman was struck by a truck in front of the Tractor Supply store about 2 p.m. Saturday. The woman was taken to Cleveland Regional Medical Center with non-life threatening injuries.

Planning a community garden

Community residents gathered Thursday night to discuss plans for a community garden that will be located on the corner of McBrayer and Blanton streets in Shelby's Project Safe Neighborhood. Read Friday's Star to find out how you can get involved and/or what you can donate.

Commissioners honor geography bowl winner

Cleveland County Commissioners honored Porter Yelton, a fifth grader at Marion Itermediate School, for winning the county geography bowl held on Feb. 27 at Graham Elementary School.

New county clerks sworn in

Outgoing Cleveland County Clerk Wanda Crotts gives the oath of office to new clerk Kerri Melton. Melton previously served as the deputy clerk.

Outgoing Cleveland County Clerk Wanda Crotts gives the oath of office to new deputy clerk April Crotts.