Client was charged with murder in the 1st degree for shooting someone and was facing life in prison. Our defense was self-defense. Our client’s life had been threatened multiple times in the moments leading up to the shooting. The incident occurred on surveillance videos at a gas station. The fact it was captured on video turned out to be helpful. Eye-witness testimony often told a different story than what was shown on the video, which helped us discredit the witnesses against the client. None of the state’s witness would admit that the alleged victim had an object in hand when shot. Video clearly showed a shiny object in the hand. This was critical evidence raising reasonable doubt. I found that evidence by watching every frame of the video numerous times. Each second of the video had 3 frames. Also, multiple witnesses, including a state’s witness who first tried to lie about it, confirmed that the alleged victim had threatened our client’s life by stating on multiple occasions that he was going to kill our client. The state’s witness had forgotten his previous testimony at the bond hearing in the lower courts, which was recorded, which we were prepared to play for the jury in the event the witness lied. He did. So we played the bond hearing for the jury, clearly showing that the witness’s bond hearing testimony was the complete opposite of his trial testimony. Not only did this discredit the witness, but it also showed the jury that our self-defense argument was valid. Other parts of the video also confirmed our defense. Fortunately the jury agreed that the client was not guilty of 1st degree murder and the lesser included charge of 2nd degree murder.
Ultimately, however, the jury held that the lesser included voluntary manslaughter charge was appropriate because the client had a brief chance to flee the scene, albeit only seconds, sat in the car, but he did not flee, instead got out and defended himself. Invoking his Constitutional right, the client chose not to testify. That was the only way we could have presented evidence of why he didn’t leave the scene. Client’s daughter was asleep in the backseat.
Client was sentenced to 4 years split confinement, which means one year in the local jail, the rest of the time served on probation. Client effectively served 6 months.
One news article about the case can be read here: http://www.chattanoogan.com/2012/11/26/239307/Byrd-Gets-Year-In-Jail-3-Years.aspx