Closing arguments were presented during the capital murder trial of Keven Young on Wednesday.
Young, 33, is alleged to have shot and killed Desmond Poe, 34, in the garage of Young’s ex-girlfriend’s house in Carrollton on Oct. 30, 2010.
Defense attorney Carlton Hughes tried to sway the jury several times during closing remarks, focusing on “reasonable doubt.”
“Can you completely rule out an alternative shooter?” Hughes asked. “The story [from the ex-girlfriend and police] makes no sense. Why would you [Poe] have a fiancee five months pregnant in Dallas and come across town [to the 2200 block of Lockwood Drive] to hang out with another woman if there wasn’t anything else going on?”
Tuesday’s testimony indicated that Poe was drinking — his blood-alcohol level being above the legal limit — and smoking marijuana before he and Young’s ex, Ebony Chandler, had an argument at her home the night of the shooting.
“[Chandler] already admitted she was pushed by Poe while they were arguing. She could have had a gun around the residence and grabbed it herself and shot him, placing the bullet right through his head,” Hughes said to the jurors.
Testimony from gunshot residue experts Wednesday morning told the jury there was a microscopic fleck — “one-1,000th of a grain of pepper” — found on Chandler’s hand.
The defense’s only witness, Ronald Fazio with Integrated Forensic Laboratories, told jurors he doesn’t look at anything less than 20 to 30 flecks of gunshot residue on a person.
Fazio said gunshot residue could be found on anyone in close vicinity of someone firing a gun.
“[The fact that she had a speck found on her] means nothing at all,” Fazio testified. “It neither proves nor disproves someone fired a handgun.”
Fazio said it was possible to easily get rid of any gunshot residue quickly, so some investigators don’t test for it on some suspects.
Prosecutors Rick Daniel and Michael Graves asked the jury to convict Young of capital murder, saying he knowingly and intentionally shot and killed Poe and committed burglary of a habitation by entering the property.
Daniel said that going inside a property, under state law, can mean even just a tip of a twig or handgun — as long as it’s inside the property — and can be declared burglary of a habitation.
“This is not a complex crime,” Daniel said. “It’s very simple. Young did in fact commit capital murder.”
Jurors spent more than two hours in deliberations Wednesday before 362nd District Court Judge Bruce McFarling sent them home shortly before 5 p.m.
Since the state isn’t seeking the death penalty, should the jury decide on a capital murder conviction, Young could face life in prison with no eligibility for parole.
The trial will reconvene at 9:30 a.m. today in McFarling’s court.
MEGAN GRAY can be reached at 940-566-6885. Her e-mail address is firstname.lastname@example.org .