FAYETTEVILLE — A Washington County jury deliberated for more than two hours Wednesday before finding two men not guilty as accomplices to second-degree murder in the death of Kent Thomas Crigler.
Cheyenne Cody Shinault, 29, and Terry Lankford, 36, were also found not guilty of a lesser, included offense of manslaughter. Shinault could still face prison time because prosecutors have filed a motion to revoke a suspended sentence based on his role in this incident.
Shinault and Lankford were accused of beating Crigler, 49, on Jan. 5 at an apartment complex at 969 Holly St. and causing his death. Crigler's father testified Monday that he had sent his son to change a lock at this complex where his son worked doing maintenance.
Shinault testified Tuesday that he and Lankford caused the injuries to Crigler, but he claimed that Crigler started the fight and the beating was in self-defense. Crigler suffered a broken nose, lacerations to the forehead and several scrapes and bruises.
Shinault claimed to be "dazed and confused" and unable to remember much of the fight, after getting whacked with a wrench. Crigler's father and wife both testified Tuesday that they had never known Crigler to start a fight.
Stephen Erickson, the State Crime Lab's deputy chief medical examiner, testified Monday that Crigler died from a heart attack that was caused by three factors - his serious heart problems, the high amount of methamphetamine in his system, and the stress and trauma caused by the altercation.
Both sides argued their case based on Erickson's testimony. Prosecutors called the beating the "trigger" that caused the heart attack. Defense attorneys emphasized that Erickson testified that the injuries alone would not have caused Crigler's death.
Defense attorney Erwin Davis, who represented Shinault, argued during closing remarks that the bruises on Shinault's arm, his black eye and the knots on the back of his head that were documented by police corroborate his testimony that he was attacked by Crigler and acting in self-defense.
He also reminded the jury that police found more than 3 grams of methamphetamine in the "watch pocket" of Crigler's jeans.
Davis said after the trial that the prosecutor's case was very weak and they probably should not have prosecuted it.
"There was simply no murder here," Davis said in an interview.
Davis said he'll ask prosecutors to dismiss their motion to revoke Shinault's seven-year suspended sentence involving an unrelated drug case. Washington County Deputy Prosecutor Dustin Roberts said Wednesday afternoon that he's not sure whether he will further pursue the revocation against Shinault.
The burden of proof is less in a revocation case held before a circuit judge - preponderance of the evidence instead of reasonable doubt, which is required in criminal cases before a jury.
Verdict surprises sister
Crigler's sister, Marsha Beard, said in an interview that she was surprised by and disappointed with the verdict. She thought the jury would at least convict on the lesser charge. Beard said she believes that prosecutors offered enough evidence to convict.
"I can't believe it," she said.
Beard said she was upset by the way defense attorneys focused on her brother's drug use and portrayed him as violent and dangerous. She said he was simply not like that, despite his substance abuse issues. He's gone to work every day for the last 10 years and has provided for his family, she said.
"What have these guys been doing for the past 10 years?" she asked rhetorically, knowing they've spent part of it in prison.
Closing remarks
Washington County Deputy Prosecutor Mark Booher made a passionate plea to jurors during closing remarks arguing that the defendants were guilty because they intended to cause serious physical injury that resulted in Crigler's death.
Anticipating defense attorney criticism of the state's only eyewitness, Booher argued that Janet Shell's testimony on Monday was credible even though she initially lied about which apartment she was in when she opened the door and saw the men fighting.
He pointed out that she came forward and cleared up this inconsistency. He also explained that she waited more than two months to come forward because she was scared.
"Don't just believe her. Let's take a look at the evidence," Booher said.
Booher pointed out that Shell testified that she saw Lankford beating Crigler on the landing halfway down the stairs, which is where the most evidence of blood spatter caused by punches was found.
Booher said Shinault's testimony that the fight happened at the top of the stairs is not believable and contradicts the physical evidence.
He also questioned how Shinault could remember intimate details before and after the fight, while remembering very little about the fight, including his friend helping him beat up Crigler.
Booher told the jury that the defendant's "cockamamie story" is not believable, reasonable or consistent.
Defense attorneys pointed out that Shell testified that she witnessed Lankford beating Crigler with a crowbar or some other object - she wasn't sure what - five or six times in the back of the head, but the physical evidence did not support this claim.
Public defender Leana Houston, who represented Lankford, insinuated that Shell was motivated to testify only after she was arrested and was afraid her parole would be revoked.
"She had enough troubles of her own until she got arrested for theft of property and needed to do something to help herself."
Davis dismissed her testimony altogether.
"It's a complete fabrication," he said.
Good case for jury
Prosecutors said that they knew they had a weak case to take to trial but said that after they learned that the beating was a cause of Crigler's death, they felt compelled to try the case with the evidence they had.
"This is one that just needed to be tried," Robert said.
Prosecutors often end up trying the cases that are the hardest to win because the easy-to-win cases are typically settled through negotiated plea agreements. If the prosecutors and defense attorneys can't agree on a plea, then prosecutors must either eventually try a case before a jury or dismiss it.
Often prosecutors try cases they know they might lose because they honestly believe that the defendants are guilty. That seemed to be the case here.
"It was just a tough case. We knew it was ripe to be decided by a jury," Booher said.
News, Pages 1, 5 on 08/27/2009