Tuesday's murder trial action - UPDATED 11:55 AM
9:45 a.m. - Before the jury came in, Defense Attorney Julian Wray informed the court that the state offered his client, Dameon Romell Early, a plea deal for voluntary manslaughter Monday afternoon. He informed the court that Early decided to reject the offer and wants to continue with the trial.
9:47 - The defense calls Orlando Agar, 22, to the stand. He said he was over a friends house when Samuel showed up looking for him.
"We were still beefing," said Agar. "I guess he was coming to handle that situation. I wasn't scared of him. I had my gun."
Agar said he knew Samuel had a gun but didn't know if he had it that day.
He said he later heard gun shots down the road so he pulled his gun thinking the shots were for him. He said he found out it wasn't and that Samuel was shot.
10:22 - Agar left the stand and the court is in recess to deal with a juror issue. A family member of the juror has came to the court to talk to the juror regarding a personal matter. It was mentioned earlier by the judge that a juror's uncle was given 24 to 48 hours to live.
10:30 - After meeting with family, the juror came in and said her uncle's family has been called to the uncle's bed side. The judge excused the juror and replaced her with one of two available alternates. The alternate juror was the one that previously mentioned (after she had been selected) that she knew some of the defendant's family.
10:38 - The defense called Sarah Thompson, the woman known as the "candy lady" who sells candy, sodas and cigarettes from her home on Piedmont Avenue.
She said before the shooting, Early was inside her home watching the ending of General Hospital with her.
She said later several people, including Early, were outside her apartment speaking loud. She said she couldn't make out the words or who was talking. Then she heard the shots.
"I saw a flash go by and heard pop, pop, pop," said Thompson.
After the shooting, she said Jarrod Smith was outraged, punched a pole and was looking for Early's step-father.
During cross-eximanation, Assistant District Attorney Bill Young, asked the order of the shots she heards.
She said the two loud shots came after four smaller sounding shots.
During re-direct, Wray asked if she made comments about carrying guns before.
She said she told Samuel and Jarrod Smith that if she ever heard of them carrying guns they wouldn't be allowed in the house.
11:03 - The court is recess for 15 minutes. There is indication that Early might take the stand when court returns.
11:17 - The defense calls Early to the stand.
He testified he receives disability because he fell from the back of the truck. He said he was helping his sister move when he when a mattress blew up and knocked him off the back of the truck traveling 65 mph on I-81.
Early appears to be having trouble understanding the questions. His attorney asked him if he's having a hart time understanding the questions.
Early looked to the jury and said "You have to bare with me I have a lot on my mind."
Early said later there was a crowd of people and he didn't shake Samuel's hand.
"Paras did flipped," he said. "He just cussed me out."
He said Samuel put a gun in his face and said he's going to (expletive) me up.
"I got love for the boy," said Early. "I never saw him act like that. He was just hype."
"He had me scared as hell," said Early. "I thought he was going to shoot me."
The judge has instructed Early not use profane languaged unless he's quoting what someone says.
He said Samuel walked away and came back and shot him in the chest. Then Early said he fired back.
"I just shot until I couldn't here anything else," said Early.
During cross-examination, Early said the doctor told him the bullet went through his chest at an angle and out the side of his body and lodged in his right arm.
12:37- court is in lunch recess.
9:47 - The defense calls Orlando Agar, 22, to the stand. He said he was over a friends house when Samuel showed up looking for him.
"We were still beefing," said Agar. "I guess he was coming to handle that situation. I wasn't scared of him. I had my gun."
Agar said he knew Samuel had a gun but didn't know if he had it that day.
He said he later heard gun shots down the road so he pulled his gun thinking the shots were for him. He said he found out it wasn't and that Samuel was shot.
10:22 - Agar left the stand and the court is in recess to deal with a juror issue. A family member of the juror has came to the court to talk to the juror regarding a personal matter. It was mentioned earlier by the judge that a juror's uncle was given 24 to 48 hours to live.
10:30 - After meeting with family, the juror came in and said her uncle's family has been called to the uncle's bed side. The judge excused the juror and replaced her with one of two available alternates. The alternate juror was the one that previously mentioned (after she had been selected) that she knew some of the defendant's family.
10:38 - The defense called Sarah Thompson, the woman known as the "candy lady" who sells candy, sodas and cigarettes from her home on Piedmont Avenue.
She said before the shooting, Early was inside her home watching the ending of General Hospital with her.
She said later several people, including Early, were outside her apartment speaking loud. She said she couldn't make out the words or who was talking. Then she heard the shots.
"I saw a flash go by and heard pop, pop, pop," said Thompson.
After the shooting, she said Jarrod Smith was outraged, punched a pole and was looking for Early's step-father.
During cross-eximanation, Assistant District Attorney Bill Young, asked the order of the shots she heards.
She said the two loud shots came after four smaller sounding shots.
During re-direct, Wray asked if she made comments about carrying guns before.
She said she told Samuel and Jarrod Smith that if she ever heard of them carrying guns they wouldn't be allowed in the house.
11:03 - The court is recess for 15 minutes. There is indication that Early might take the stand when court returns.
11:17 - The defense calls Early to the stand.
He testified he receives disability because he fell from the back of the truck. He said he was helping his sister move when he when a mattress blew up and knocked him off the back of the truck traveling 65 mph on I-81.
Early appears to be having trouble understanding the questions. His attorney asked him if he's having a hart time understanding the questions.
Early looked to the jury and said "You have to bare with me I have a lot on my mind."
Early said later there was a crowd of people and he didn't shake Samuel's hand.
"Paras did flipped," he said. "He just cussed me out."
He said Samuel put a gun in his face and said he's going to (expletive) me up.
"I got love for the boy," said Early. "I never saw him act like that. He was just hype."
"He had me scared as hell," said Early. "I thought he was going to shoot me."
The judge has instructed Early not use profane languaged unless he's quoting what someone says.
He said Samuel walked away and came back and shot him in the chest. Then Early said he fired back.
"I just shot until I couldn't here anything else," said Early.
During cross-examination, Early said the doctor told him the bullet went through his chest at an angle and out the side of his body and lodged in his right arm.
12:37- court is in lunch recess.
posted by Pete DeLea at
8:43 AM
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