THE JENKINS JURY HAS THE CASE
RICHLAND CO.—The jury in the Brandon Jenkins’ First Degree Murder trial was handed the case just a few minutes before 5 p.m.
After lengthy delays today that involved debate over exactly how jury instructions were to be read to the jurors for their subsequent deliberations, closing arguments did NOT get underway until well after noon.
At that time, David Rands, handling the case for Richland County’s duly-elected prosecutor David Hyde who remained mute at the state’s table shuffling papers for Rands, went into his weak, ineffective argument that of courseall the state’s witnesses were going to have a different story from each other, because if an incident occurred right in front of everyone in the courtroom, everyone would have slightly different versions. That fails to explain, however, how wildly different EVERY state’s witness—Liza Martin, Stacy Muncy, Amanda Muncy Buerster, Flavius Earp, Chris Arteberry and Aaron Dulaney—had from the REALITY of the situation: That Scott Earp was shot and subsequently collapsed in an EAST landscaping area instead of in a WEST landscaping area, which is where all the witnesses put him….and which was wrong. It was the EAST spot where video had him lying, receiving CPR, and ambulance personnel picking him up and putting him on a gurney.
The ineffectiveness of Rands’ closing was only underscored by the utter effectiveness of defense attorney John O’Gara’s.
O’Gara went over ALL the inconsistencies with remarkable alacrity. He hit upon not only the wild variations, but that there were only TWO witnesses that night who WEREN’T slobbering, crazy, falling-down DRUNK. Those we heard from yesterday: Tobi Pfoff, and Brandon Jenkins. Those two, O’Gara said, were the only ones who could be believed, and their stories matched up, in contrast to the wild variations each of the others told. O’Gara did say, however, that he wondered how many hours Flav Earp, Arteberry and Dulaney spent sitting there getting their stories together so that they had the “shooter” under the west side of the awning and 25 feet away from Scott Earp….even though video showed Jenkins wasn’t near the west side until AFTER both shots were fired, and in order for the bullet trajectory to have taken the path it did through Scott Earp, Jenkins would have had to have fired 28 feet up elevated from the scene. Apparently, the boyz can’t even do simple math.
Given that there was no crime scene investigation of the shooter’s hands, Scott Earp’s hands, Scott Earp’s clothing, nor apparently much else with the scene (other than to let it sit and get rained on all day Sunday, November 20, 2011….although there was a weak attempt to cover the east landscape area with a tarp), it’s impossible to know how the state could have thought it had a case. Hence the grand jury held on December 14….although it appears nearly every witness came in and lied in THAT proceeding, too.
O’Gara wrapped it up by asking that the jury send Brandon Jenkins home. It’s too bad he didn’t go the distance and ask them to send a message to the still-violent Earp crew: That now that their bullshit has been uncovered like the stinking pile of feces it is, people need to stop being less afraid of them. However, when O’Gara was speaking of this, of course the ubiquitous hissing noises were emitting from the few remaining Earp hangers-on in the courtroom (a babymomma, a sister, and some other stragglers; mom Robin Trout/Summers/whatever was kicked out yesterday and Sheriff Andy Hires has reported that she’s presented no trouble since then). Nothing was done with the hissers, however. They are hugely outnumbered today. Others from in and around Richland who know what the Earps are about have come just to watch the end of the trial and listen to the verdict being read.
We hope it’s a good one.
We will have updates just as soon as we can get them to you; we will likely be held in the courthouse until whomever is going to throw their fit (of rage or joy; if Jenkins is found guilty, it’s highly unlikely these people will be able to restrain themselves even then) gets it out of their system or is escorted out, as will be the jury, safely taken away. When we are able to reach our phones and computers, we’ll bring it to you….so be watching.
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