Post by CCADP on Aug 16, 2005 6:23:41 GMT -5
Closing arguments held in trial of N.C. man charged with murder
A man accused of killing 2 people outside a North Carolina State
University football game had time to decide to kill the men, meaning he's
guilty of 1st-degree murder, a prosecutor said in closing arguments
Monday.
But attorneys for Timothy Johnson, 23, said their client was guilty only
of voluntary manslaughter.
Johnson is charged with 2 counts of 1st-degree murder in the death of
Chicago businessman Kevin McCann and Camp Lejeune Marine Brett Harman who
were killed at a tailgating party outside NCSU's football season opener on
Labor Day weekend in 2004.
Wake County Assistant District Attorney Jeff Cruden told the jury that
Harman and McCann did nothing to cause their own deaths. Instead, he
argued that Johnson shot and killed the 2 men, using malice, premeditation
and deliberation, all factors in 1st-degree murder.
"When he knew that his brother was down on the ground and he decided to
pull that gun, he deliberated," Cruden said. "If you can think about it,
you deliberated."
Cruden also rebutted the defense's theory that Johnson had a diminished
capacity from drinking, which kept him from being able to form the
specific intent to kill.
"This is a guy so wasted and so tore up that he fired 2 shots and killed 2
people," he said. "That's a pretty good kill ratio. He's batting a
thousand."
But defense attorneys said that instead of murder, the case involves
voluntary manslaughter. The victims, they said, were drinking and eager to
fight.
"Those men - as fine as my boys, maybe better - contributed to what
happened out there that day," Cheshire said. "They are not blameless."
Johnson has been portrayed as a convicted felon, an admitted drug dealer
and alcoholic. Harman was a Marine headed to Iraq. McCann, his lifelong
friend, was a Chicago businessman.
"I also ask you not to convict him because of sympathy and emotion,"
Cheshire said. "That is not what your job is to do. The judge will tell
you that's not your job."
Johnson's younger brother, Tony, also is charged with murder and is
scheduled to be tried in October.
During the trial, Timothy Johnson testified that he never meant to kill
anyone.
Testimony ended Thursday with mental-health experts testified about
Johnson's state of mind when he fired the shots.
The jury will consider 1st-degree murder, 2nd-degree murder, voluntary
manslaughter or not guilty for each killing. If convicted of 1st-degree
murder, the jury would then have to decide whether to sentence Johnson to
life in prison or death.
(source: Associated Press)
A man accused of killing 2 people outside a North Carolina State
University football game had time to decide to kill the men, meaning he's
guilty of 1st-degree murder, a prosecutor said in closing arguments
Monday.
But attorneys for Timothy Johnson, 23, said their client was guilty only
of voluntary manslaughter.
Johnson is charged with 2 counts of 1st-degree murder in the death of
Chicago businessman Kevin McCann and Camp Lejeune Marine Brett Harman who
were killed at a tailgating party outside NCSU's football season opener on
Labor Day weekend in 2004.
Wake County Assistant District Attorney Jeff Cruden told the jury that
Harman and McCann did nothing to cause their own deaths. Instead, he
argued that Johnson shot and killed the 2 men, using malice, premeditation
and deliberation, all factors in 1st-degree murder.
"When he knew that his brother was down on the ground and he decided to
pull that gun, he deliberated," Cruden said. "If you can think about it,
you deliberated."
Cruden also rebutted the defense's theory that Johnson had a diminished
capacity from drinking, which kept him from being able to form the
specific intent to kill.
"This is a guy so wasted and so tore up that he fired 2 shots and killed 2
people," he said. "That's a pretty good kill ratio. He's batting a
thousand."
But defense attorneys said that instead of murder, the case involves
voluntary manslaughter. The victims, they said, were drinking and eager to
fight.
"Those men - as fine as my boys, maybe better - contributed to what
happened out there that day," Cheshire said. "They are not blameless."
Johnson has been portrayed as a convicted felon, an admitted drug dealer
and alcoholic. Harman was a Marine headed to Iraq. McCann, his lifelong
friend, was a Chicago businessman.
"I also ask you not to convict him because of sympathy and emotion,"
Cheshire said. "That is not what your job is to do. The judge will tell
you that's not your job."
Johnson's younger brother, Tony, also is charged with murder and is
scheduled to be tried in October.
During the trial, Timothy Johnson testified that he never meant to kill
anyone.
Testimony ended Thursday with mental-health experts testified about
Johnson's state of mind when he fired the shots.
The jury will consider 1st-degree murder, 2nd-degree murder, voluntary
manslaughter or not guilty for each killing. If convicted of 1st-degree
murder, the jury would then have to decide whether to sentence Johnson to
life in prison or death.
(source: Associated Press)