Closing Argument Rayquan Borum Trial - Attorney Mark Simmons

I please the court.

Mr. McAfee, Mr. Cole, ladies and gentlemen, we've seen a lot of evidence for the week of trial. The state is flooded with evidence points my client, Mr. Bourne, as the person who is guilty of killing Justin. Now the decision is yours. We are talking about the rest of that man's life. The judgment instruction: no parole, no rehabilitation, no four walls. That's kind of interesting. And I'll go back in just a moment, but I find it interesting that Mr. McCallum just told you not to consider anything with respect to second-degree murder. I'm going to tell you a little bit about what the judge is going to instruct on second-degree murder, and I'm going to ask you to consider that, of course, because otherwise why would we give that to you as an option? I find it interesting that Mr. McCallum said don't consider that, because it's the same way throughout this case, throughout all of this evidence, throughout the two years that this case has been happening, being investigated. How Santini, the lead detective in this case, chose not to consider things also. It's very interesting with the state that same TD turbocharged and not to consider very important things in a case of this magnitude. First, when Detective Pak testified, believe it was on Friday of last week, he talked about what happened to the crime scene and what his role is at the crime scene. And he's the lead detective, so there are other people who work under him for gathering evidence and things of that nature. And Detective Pak told you all that his investigators found this one shell casing, nine millimeter shell casing, W-I-N, I believe somebody said that stood for Winchester. Detective Pak and Germans told you all that typically we don't get fingerprint evidence or residue off of something like that because of the heat that's created. It's tough to get. Notice that either one of them said it was impossible, but still they decided not to try. And when the district attorney asked Detective Pak, well, it was found after the scene was contaminated for four or five hours, there was a lot going on, anything could happen, people did a meeting on it, swayed on it, touching it, moving it. Detective Peck said it would be irresponsible to test that shell casing because that might lead them to the wrong person. But also losing the right person, is it irresponsible to test something at risk of getting the wrong person that it is to test something to make sure you've got the right guy? Do you remember what Detective Jones testified about? Because people he saw in this video, he says he saw about night shooting, and he said, well yeah, there were three other people in white shirts, black males around right where your client was. That Detective Jones, okay, who are those people? It's not what he was looking for. He didn't fit their theory of the case. And let's remember why we were all here in the first place. Back in September 2016, it's because on September 28th of 2016, the MTD shot a man without another protest evolved because of that issue. And so best believe that seemed to be had to get this done quick, fast, and early. Do something very fast and in a hurry. Give me that important evidence. Like did Mr. Bourne ever touch the shell casing? All those other shell, excuse me, the bullets that were found all over Mr. Bourne's house. Did he might come up here and tell you how many had lived at that house, who had a pistol permit, concealed carry permit, who bought the rifles that were there, whose ammunition it was, and initiatives at that house box hadn't been fired out of a gun there. How long would it have taken? You heard Mr. Cole ask the question. We've got a crime lab right here at Sharp, and in fact other counties come to us for our crime lab because we're... How long would it have taken to take just one of those bullets that hadn't been fired to find out that this man had never touched just one? They didn't do it because they didn't want the answer. They didn't do it because they want you to think this is the only possibility. This is it. Now Mr. Callen did a good job explaining the law to you all, and I'm not going to bore you with explaining the elements and details of it. But I also find it interesting that the state asked me to fix my client first-degree murder, send him away for the rest of his life based on two different theories, because they don't think either one was particularly strong. They throw in this riot, and I want to start there. Felony murder can be called first-degree murder also, and send my client away for the rest of his life. And they say that if he was engaged in the riot because other people were breaking glass and throwing lots of the police and all these things they were doing, then he can be convicted of felony murder if someone died. Well, if that's the case, you remember all the testimony? I am James Kenny, Mountain officers, everybody testified that things were pretty peaceful. It was loud, but they were pretty peaceful until the police officers started walking through the crowd, when the episode into beyond me, until the police officers barricaded themselves in front of the Omni, not to protect people, to protect the property, to protect the Omni Hotel. And at some point, I believe it was Officer or Detective Amos who said he was on the CEU team. They push people back, their batons, they were excreted again because they were getting overrun. Was Mr. Bourne overrunning the police? Was Mr. Bourne breaking the Omni glass? Mr. Bourne throwing things at the police? No, he wasn't. And so the state is trying, because there was an assembly of more than three people, to say that Mr. Bourne should be found guilty of felony murder because other people were rioting. I'm sure he was there, can't dispute that. He said he visited, he told you what went on, he was there. The state says they came down also told you portal at all. Mr. Warren was there. They kind of tried to brush it over Mr. Ballance's convictions, but their informant, the James Bennett instruction, said those convictions specifically you're allowed to consider those type of conditions in their very own his character for being true thing. You notice when you got to put a stand and put his hand on that Bible and swore to tell you the truth, head straight down, yep, making eye contact, I think it, I contact with the DA, yep. When July 1st, 2015, Mr. Paulo was getting convicted of committing fraud, three counts by 2050, one count 40, that wasn't enough. September 21st happening in Mr. Palin on October 17th of 2017 got convicted of higher level four. And when I asked him about it and tried to get you to dance around, he said, well you notice that it's bad because if you're taking someone ten, I didn't they always get back, I can't really steal someone's identity. This was paid for, so I'm not the front individual person in the front. Okay, what is he doing on probation in Jordan for fraud? Committing more fraud, more lives for his own personal gain. Don't for a second that he's not good enough to fool everybody in this world, because he is. What do I mean with them? You never asked Mr. Value specifically about when he was saying he saw Mr. Boren shoot Justin Connor. And I got up and demonstrated what Mr. Dowd was doing. Excuse me for turning my back to you all. Mr. Palin said he had seen Rodney guy, blue shirt, go down right. And if Rodney was on the ground and Mr. Carr was also on the ground at that point because they fell at the same time, go back and watch the video as many times as you want. There might be a split second difference, but they were on the ground at the same time as Mr. Carter. I don't know what happened to rock. The state didn't tell you what happened. Mr. Ali said, ya Salam, move it around. It was on the ground, he was looking around. So I'm going to go in Mr. Carter like any person might do. True, was it tear gas that was coming out? Was he being pelted with pepper balls? Was he being shot at? I don't know. Neither do they. About having that person who fell down at the same time. Now back to Mr. Baumer. Bradley's on the ground, which means Justin Carr's on the ground. And Mr. Baumann said he was running this way and looking back down at the ground to his right because Romney was down waiting for him to catch up. And at the same time, mind you, Mr. Carr should already be on the ground. In typical in that video, he says he also saw my client with his right hand throwing a gun back this way aimlessly shooting. When he testified about my client's player, remember the state asked Mr. Palin, did you watch even still after he saw this video where he ostensibly identified my client as wearing a white shirt? Still told you that that I very much hoarsely shirt. Why? Because back on October 31st of 2017, that Halloween, when he talked to the police, that to be told. And so he had to make sure his story matched that, because he knows he's got broad provisions. He knows that this store has imagined. He said it before, it was going to get torn up about smarmy. He knows how to work everyone. That's his job. Now it's a difficult person to address, because on the one hand, that's the state's way to prove premeditation and deliberation and malice for first-degree murder. And it's the only person who can testify to anything related to Mr. Barnes' purported intent. The only person. And they know that. And that's why they told you, you know, don't worry about those convictions, they are available. And that's why I'm sure they had a tough time inside whether they were going to call this battle to stand at all. Because they needed him to prove first-degree murder, but they do know he's a liar. And they still put him in front of you and let him put his hand on the Bible and say he was telling the truth. But he wasn't. And they told you that most of that stuff corroborated itself. He was there at the candy bar. He was there when he was screaming, grab a bug, shoot that. Listen to those videos again. You've heard Mr. Warm talking now about phone calls to interrogations that whoever screw can sound like Mr. Bull and all kind of sounds more like me than Mr. Poll. Don't like to listen. See if that sounds like my client from what you've heard. Screaming, grab a block, shoot back. We're planning to be London. I don't know. It was chanting. Don't know what everyone was chanting, but people were chanting. People working with people were upset. Mr. Ballon saw this as an opportunity. And I want you to pay attention to the timeline. July 2015, four conditions. September 21st, 2016, protests happened. October 17, 2017, fraud conditions two. Two weeks later, bone below. Now he's in federal custody. And Mr. Kolbo would ask multiple times, if you have any deal with the state, do you have? Oh dear, no. To you and I asked, no deal. But anything's possible. That's Mr. Cole told you. Jurist collection tracker. He hopes to get a deal based on his testimony. I guess they didn't prepare that part too well, because Mr. Babbles rehearse. Nobody, no deal. Mr. Mountain knows if this goes well and his naked the first-degree murder condition, he might be on Christmas a little bit faster and get back to the front. What was he doing in September of 2016, in October 2016, in November 2016, and all the way up to Halloween of the next year, 13 months later? What was he doing? What did he come forward then? Before he was in custody, didn't suit him. Until he was in prison, didn't suit him. Until there was no way out, didn't suit him. Until he stood to gain. What did he call? Just got the best of me. Anybody's hand on that Bible. His conscience got the best of it, maybe. But he's still set in front of all of you. I told you that Porter black shirt, even though he's not seeing the video of my client in white shirt, he's got to make sure you believe he's got a picture there. No hold of his story, or there will be no deal. So talk about intent. The state talked about transference into line, and the judge is going to give you the instruction. What that instruction says, and Mr. Cole, Mr. McCowan demonstrated pretty well in jury selection, and I intend to shoot Detective Pack that I expected Mr. McAlary. That's transferred intent. Close to accounting steps in the shoes of the Texan pack. What police officer? If you look at the CNN video that they've claimed multiple times, what you see is the police officers pushing people away, retreating, and the way back here under an overhang. They could go back and watch that video. What you see is the Omni. There's a concrete wall separated Mr. Boren from many police officers because they're 10 feet back here. Who saw us around out here dealing with protesters, talking to people? They were overrun at this point. The police are back here. And somehow in the world, if you believe Mr. Ford was shooting at all, how in the world could he have intended to kill a police officer? There was a concrete barrier between him and all the police officers you see on the video. And it goes up like this. Seems more turn around this direction. So the police back here. More specifically, the transferred intent doctrine states it suspect intended to harm one person that is imputed onto another person. Again, they're exempted. Detective Mr. Stay sitting here telling you, well, he was shooting at the police. Well, 20, 30 police officers out there, hundreds of civilians. Which police officer was he shooting? And if they're so sure he meant to kill a cop because of all his jail calls and all this interrogation, he said, oh, I did it and they got me do it and they saw me doing it. Pay attention. That's me not to pay attention to certain things or rather some accounts. I'm going to ask them elevated. And Mr. Maugham ever say if any of those jail dollars raised being so honest to all of his friends, even though he's been recorded in that interrogation where he's getting hounded by those detectives over and over, even after he asked for a lawyer, even after he says I need a lawyer, continue to ask him to talk to him. Does he ever say, I'm sure he hit the police? No. The officers lied, and they told you they liked it because we were just kind of getting tough. So we're allowed to lie. That's fine. Apparently Mr. Balance allowed to lie. That's fine too. Detective Peck, Detective Jones came into that interview room. Their one goal was to find out that Mr. Form was shooting at police officers. And why did they have that one goal in mind at that time? Do you remember that a little bit of question I did with Detective Jones when I asked him, and you see any text messages? Did you receive any text messages from your team? Yeah. In one of those as specifically was, was he shooting at police? Yeah. Well, what other evidence did they have? And any more Mr. Foreman, at least until Kendall Ballard showed up 13 months later, what talk was there of shooting a police officer other than that text message? What evidence was there until this fraud, this really is a guy who lies, said it shouldn't come undone. Go back through all the animals, through everything. And the state argued that what you know, you can see the angle, you can see where it's blown. Remember that Mr. Ballard testified Mr. Bourg shot like this, blonde one. Remember how Mr. Jake says about they saw about Ravenna this right hand? Remember hell Detective John sent us. I see your left hand. You hold it with your left hand. It seems that the state's witnesses don't even know what happened, because they're telling different versions of the story. It seems like Detective Pack, Detective John was blind or not. And it's one word to shoot you clear the crowd. Maybe they were just feeding him that story because they needed conviction, because they needed this to get the focus off of CBT. Because their focus was yesterday. They had to wrap this up. They had to make sure they got some. Now the drug has been instructive on some elements of second-degree murder. I want to just read those to you briefly. Just give me a copy of all these. You don't have to write them down, but there are going to be three different choices with respect to second-degree murder. One can find that the defendant is guilty of second-degree murder. You must unanimously find one or more but A, B, or C below. One, listen, malice meaning hatred. They will respond. I don't know who this date has proved Mr. For had malice or ill will toward. Certainly not Justin Carr. Certainly not any police officer. Defense and when he ever talk to a police officer? Is it malice? Number two, is it malice defined as a condition of mileage across the person to take the life of another intentionally or to intentionally inflict serious bodily harm which proximately causes, excuse me, approximately results in another step without cause excuse for justification? Three is a malice that arises when an act which is inherently dangerous to human life is intentionally done so recklessly and wantonly as to manifest a mind utterly without regard for human life and social duty. Into literally pendulum Mr. Target to you ladies and gentlemen that if anything, the state may have proved that last second-degree murder encounter. I spent a long time showing you what happened at the candy bar, talking about considering the chain of events that went on. What happened to Mr. Boren said he threw a rock, but they said it was together that he said they got in the shop together. Sighs. I said I did anything deliver. They've been on Mr. It sounds like it snakes been a lot of time, almost four weeks, proving that someone was deliberately bent on mister but Cal obscenity. What there were protests. He wasn't there to be heard. Who says not the state? Things he was there to cause trouble. But was he there to kill a police officer? And what police officer wasn't there? A deal had no idea. The state hasn't presented any evidence. Now it's also interesting is this amount of money from the state empty cut bucks all the components that you might find in the gun box. But what asked, well, did the state ever tell you what kind of gun this one? Depending on what you believe, it's 40, it's 45, it's a 9-millimeter. You believe the shell casing? I have no idea what kind of gun was possessed. And you saw Detective Peck, Detective Jones, ham my client saying, where's the gun? Where's the government? Ultimately said about that over independence. Did they look for? No. That was been too hard. Just like testing that shell casing would have been irresponsible. Just like when they found that fragment in Mr. Carr's head, Dr. Mazanik told you would not have any medical valid. Well, if you knew it was a metal fragment, a piece of metal of some sort, do you think maybe couldn't compared it to that and seen if it was a bullet or some case over one of these grenades? And no one collected anything other than this exact shell casing that's found that was not. I tell you what size bullet hit Mr. Park. He talked about measurements, the kind of bullet Mr. Carr because we've got 945, 357, all kinds of different possibilities. But the state that you thought well to prove to you beyond reasonable doubt what killed Mr. Piece of testimony was very telling. Miss Harris asked him, what is beyond another circuit? A reasonable degree of medical surgery. What is this age? We start around 50, 51 percent. This is not a 50, 51 percent case. That's not good enough. You know what might have helped in pulling that fragment out to see what it was? You know what might have helped the state hiring a ballistics expert? Detective Generals and all the other officers testified that they weren't that. Hiring a ballistics expert whose job was to assess trajectory and angle, supposed to see how and when they were fired. And if they struggle, they said they said this drug tomorrow all the resources dead North Carolina has. Mr. McCallum address briefly possession firearm by felon. Address met briefly as well. I think you've heard enough about them. If you believe that there's fire Mr. Quarles in possession of a firearm at any time, consider that ebony statute. We're talking about first degree. We're talking about the rest of the man's life. The state did not bring it. Taking state walk 50 to 51 percent. I think one of our jurors said the best during our very selection process. It's kind of like a possible. And when you take one of these cases, it's kind of magnitude this reporters you don't know what you're gonna get. You need your client top. You don't know what kind of man. It's kind of like all the cases hopefully fit together in some way and both sides work accordingly. But what the state has done is giving you this piece, the pieces that they think are important. And if they think that this quadrant of the puzzle is the whole puzzle, they asked me not to consider everything else. With Mr. McConnell told you, don't need to consider second-degree murder. Don't consider the darkness. The defense counsel domain. Don't consider anything because we didn't tell you anything about that. You don't have any evidence to back our state of this number with respect to that stuff. So don't think. And so it's your job to decide what happens to assist. It's your job to decide what evidence to ask the state for. If you find yourself wondering, why didn't I get this? Why didn't I see this? Why didn't the state try hard? Why didn't they go a little further? I would argue to you, ladies and gentlemen, the best reasonable doubt. It's kind of like a chain. If you miss one piece, one week that's fallen out, you can't break that chain. The state found break one. They found remember when the detectives were talking about Callie and Mr. Boorman calls talking about County being within this whole time and counties right next to hers and that shooting happened very early. They want the DA's ask detective what the jury topicality. Yeah, was it willful? No, we hadn't arrested them. Where is calendar? Where's his interview? If he's the guy that knows Mr. Warm the best and apparently Mr. Warm meant he's the guy who's kind of the linchpin in all this. He connected Kenny and Mr. Foreman. The interview with the police funder impressed about this incident. The state has made a big deal about Mr. Morals jackals and nothing I was Harris was before we do to take back things that are set on those homes. But if you listen closely, what you hear, that's what they said. Mr. Boehm sat for almost an hour, maybe more. And then first they were talking. And when he realized they were accusing him of murder, he got really blind. He got really quiet. Because and after a while, the detective packing detective Jones got bored. Excuse me, not forward first. What did they do? They decided they were going to give him story to tell him whatever in study. Remember after my client asked for an attorney and detective pack told him, remember that this is your chance to tell him you're right. Ranieri telling her story. Tell what happened. When at any point in any of this stuff did my client tell a story that wasn't given to him by the police? They showed me a picture, hit me up, and it broke that that first scene in video was to balance in. He was up and go. They told me I killed somebody. They told me I was shooting the crowd. They told me I was trying to clear the crowd out. Whatever they told him, they kept trying different angles. They didn't care. He said all they wanted him to say was I hadn't got a nice shot and they can handle prison. We can head and rest of the story here. So it wasn't really this day had a chance to tell his story until his narrative. It was their chance to get somebody 10th grade education, 21 years old, to say that they needed him to say. And they from there in that same venue, do you remember after everything happened, Mr. Ballon said that he, Mr. Warm, somehow met up later at dark for a. Mr. Ballon said Mr. Boram came up to him for anything. He said, don't tell anybody about this or I'm gonna smoke your clothes. Well, this goes back to Mr. Valens credibility, his thought process. It's funky. Gotta watch it. How if Mr. Moore would buy everyone's statements at that time had no idea he was killed. Mr. Boren, they say don't tell anybody that I can't some money invest. Kidding about who had 13 months to think about what he was gonna say. Came up with this because he knows he's got to be in America clad case. He knows he's got to help them well. Mr. Boren don't do anything for Mr. Valli. Helping the state, it's Mr. Bound out of prison so he can keep on why. So maybe he made that part of them because it doesn't logically make sense. He said Mr. Bourne didn't know. He told you about most important for him to say don't tell anybody. But it doesn't make any sense. It's because Mr. Bao had 13 months to come up with a story. Mr. Ballon didn't come forward with his story until it was convenient for him. If you really knew something, if you really knew what happened at that moment and just a car lost his life on September 21st, have you also heard a little bit of testimony from some officers in this case? The detective who came as a CEU trained personnel was there during the protest. He testified that he wasn't instructed not to wear about the body came. He got into some other explanation about how maybe he doesn't fit on your vest or on your shoulder or on your helmet. The real reason that he cleared up to us was that he was instructed not to wear. Why? Maybe if we stop watching, know what was going on. That Detective back testified about other gamers that were out there that night. Those are the police doing that. They testified there to testify that there were flashes. And you remember the picture of Justin Carlos in the trashcan when there was clearly one of those canisters on top of one of those canisters on top of those points. Whoever put that in the traffic in my development, it's up to do just the content. Maybe that's why they put it in the trash can with the clothes. But when asked, did you collect that? Testified no. We took the clothes because that doesn't open their case. See if he doesn't need any attention on themselves. So later in Detective Pack asked about grounds count. Very important detail. As Harris asked him, okay, what is the rounds count? Well, it's how we determine if the weapon was fired after a police officer shoots. And did you do a round count? No. What up? Well, we determined all those who shot of weapons. Isn't the purpose of a rounds count to determine if the police officer shot he had weapons? How long would it take? Less than two years to go to each of those officers who was there dressed in that gear to find out what grenades they would other items in life. But that doesn't fit their case. They don't want you to know what happened there because that's not important to them. Because they haven't got he's over there. We're gonna put him away for life because we can't have it to come back on us. That already happened. And that's all going. Can't have it twice in two days. So when you think about this case in its totality, the state presented you a lot of it. I am for you to go back and look at some of the state's exhibits that show, for instance, the chaos that went on that night and how even after it was cleaned up, this is what the scene looked like. And how even after that scene was cleaned up, shell casings, bloody clothes left the trash there was blood. And no officer could tell you how long the scene was contaminated. Maybe this shell casing was dropped by somebody later. That Detective Mac said it would be irresponsible to test it because maybe it happened later after the fact. And so that's the case. We would also be responsible to excuse my client of firing with this shell casing if you didn't test it to see you touch them or to pick it up four hours later and say it was definitely him. But to be responsible to say it better than anybody else. This is Matador response to ask these questions. It's not mine. It's not Judge Hayes. It's not the state's. It's your responsibility to ask how can both be true. This is one of the most important civic duties we have in this country. That man has the right, had the right at this point to a fair trial. You all have said patiently. We appreciate your attention and your willingness to listen. And that was on you. This isn't a decision to be reached quickly. It isn't a decision to be reached you can go home. This isn't a decision to be reached based on sympathy for others. It's a decision to be reached based on reason and common sense. It's a decision to be based on the questions you have left over about what the state just chose not to do because it didn't fit their narrative. It's a decision about a man's life. I want to briefly just tell you about what the potential other sentences are in this case. We entertain the first-degree murder is life imprisonment. The world beat that over the head. If you find Mr. Moore guilty of either of the second, excuse me, either never the first two under second-degree murder, that being malice and hatred of the will or spite or malice defined as a condition of mind, those first two, Mr. Foreman, Mr. Bourne faces up to 28 years in prison. He's 23 years old now, faces 28 years in prison. If you find the third option under second-degree murder, Mr. Former faces 18 years and 9 months in prison. It's a long time. And it's enough time to miss an entire lifetime of time to miss out on a family, enough time to miss any jobs, enough time to miss out on everything. Not understanding. I don't want to make it seem like a night of crass. The Carr family has lost a brother, son. And that's not to be taken level. You that is important because nothing that you or I say is going to change that. And that occurs. And it's okay to feel that pain. That's not only to use it in the deliberation over this case. That's got to be based on the facts in the state. Wants you to not take another man's life lightly. The family base don't do to understand based on a medical examiner who told us it could have been some kind of pain along rod, something like that from some kind of explosive device. And then said, well no, no, no, I don't think they had that stuff out here. There's a nobody. And neither did we because the rounds count didn't happen. There's a policy in place to do that. So you know what happened? What was fire was thrown? What exploded? We don't have that because they didn't do it because they didn't want to. It didn't help this side. That might help the other side. And so the four year decide to send the man away for the rest of his life. Think about what was really going on that day. This is chaos. There's smoke. One of the witnesses testified there's fire. There's base something stronger than base. And everyone's eyes and no one can really see clearly what's going on. But that chaos didn't start until the police showed up. The riot here before that it wasn't chaos. It might have been a little rest, might have been protests until those police showed up and started making physical contact with people that had become why and become terrible. Just like the car test would have happened at all if the night before man hadn't been killed by CPP the cover of their trailers. So the only decision left is my client. That's not the only decision left. Think about Mr. Former's state of mind because he first-degree murder by premeditation, deliberation in Mouse. Judges been an instructor that you've got to be in a coal state of would clearly understand what you're doing and intentionally doing that thing to cause bad result. And now some people might already been firing a gun in and of itself is inherently dangerous. And that's why the judge would instruct you on a second-degree murder because it's second-degree murder. Malice can be pursued just by the firing of the gun regardless of what the intention is. Now are you two ladies and gentlemen then depending on what state's witnesses you believe or don't believe, that's the most state approved. If you leave Kenny Bowden, he was going like this with knowing. You believe Ryan James chatted other than the fact that he was just kind of looked like this in turn of the run. If you believe what the police told Mr. Formal, shooting in the air to clear the crowd, the only person who said he meant to shoot a police officer was the only guy with a whole bunch of fraud convictions and something to gain. And so when you make that decision based on that man's testimony, as clever as he is, as smart as he is, as good as he is or what he did, make sure you're positive he's telling the truth. Make sure you believe them because that's the only way the state could prove the premeditation in this case. You're thinking about writing again. Think about why the riots started. Think about the fact that this was peaceful before the cops showed up. And so by the state's argument, everybody out there is guilty of felony murder, right? Because this arrive ensues between is damage to property and it's more than three people there. You can be found guilty of felony murder. And so the police and the other protesters, everybody involved, if it was a riot, he's guilty of felony murder. Not just everybody, but they're using that as a tactic because they know how bad Kitty bat was testimony history. They know that whatever he says can't be taken Spartan 12. He's a big guy. That's why they need to use this backdoor angle to try to make you believe this was first-degree murder because they've got nothing else to show that there was the attention on this divorce. How could there be an intention to do something that true the lease officer if the police officer aren't even visible to you when you're shooting? If you believe these people's testimony, this was a quick unnamed shot. No one says that he was getting set and people how to clean softer the shooter. And so we agreed that direction for transfer to Tampa. It says you're aiming at one person hit another person. Take that literally because the state legislature likes these rules and our court rightness rules. And if they meant to say fire into a crowd means that transpersonal one person, they were met down with it. But they wrote down was any one person to hit another person. That person steps into that other person's shoes. That's not what happened here. If you believe his workshop, he wasn't aiming at anybody. This was a wild shot based on those is the state senators testimony. Take your time. Look at all the evidence. Ask questions. Don't take just this corner of the puzzle. Think about everything that was going on. And when you do, at best the state may accrue second-degree murder without our Cotulla isn't doing. The state hasn't proven anywhere. The state hasn't proved that Mister Formal in fact shot testified because the state has improved except for 51% that a bullet even killed Jessica. Not my words. Miss Harris's words. The medical examiner's words. 51%. That's civil war. That's money. This is liberty. And he deserves that consideration. Because although Mr. Macadam said the presumption of innocence is over, not over. The judge seems you instead deliberation. So right now, even still, Mr. Forbush is presumed innocent of all these charges. When you go back in every delivery, be careful. Think. Speak with each other and ask questions. And when you do, at to return it does not get first-degree murder. And the alternative, if you believe Mr. Poirot, shall return very second-degree murder that the lesser included offense of art. You ladies and gentlemen, it just has improved. Mr. Borden shot Mr. Carr at all except at 51%. It's just not enough.

See, it's a little after 11:00, and these instructions are extreme before construction. Yeah, it's like a whole time to write this. This is a good remember during this place the rules. Remember what they are. Don't talk about the case of lunch yourselves even at this point, especially about community distress. Hunter says for expressing an opinion nor expressed to me like an opinion about a case. And so just a little while after I finish the instructions, I tell you to begin your deliberations. Don't have any contact with the parties, attorneys, or witnesses. Don't watch, read, or listen to media coverage. As you can tell, every day before us stands in recess. 15 minutes. 15 minutes from now, we'll be back.

Okay, I noticed the Carr family is not here today. Is that right? They've chosen to go elsewhere. Yes, okay. That's fine. I just want to make sure if I needed to wait. Yes, okay. We're ready for the jury. Reading you will be in with your burden. Okay. Members of the jury, all the evidence has been presented. It is now your duty to decide from this evidence what the facts are. You must then apply the law which I'm about to give you to those facts. It is absolutely necessary that you understand and apply the law as I give it to you, and not as you think it is or you might like for it to be. This is important because justice requires that everyone tried for the same crime be treated in the same way and have the same law apply. The defendant has entered a plea of not guilty. The fact that the defendant has been charged is no evidence of guilt. Under our system of justice, when a defendant pleads not guilty, the defendant is not required to prove anything. One of the following: guilty of first-degree murder, guilty of second-degree murder, or not guilty. You may find the defendant guilty of first-degree murder either on the basis of malice, premeditation, and deliberation, or under the first-degree felony murder rule, or both. First-degree murder on the basis of malice, premeditation, and deliberation is the intentional and unlawful killing of a human being with malice and with premeditation and deliberation. I will deliver the jury instructions as long as you stay closed for any questions. That's all I require. Okay, thank you.