PARAGOULD — Jerry Lard suffered brain damage from several blows to the head as an adolescent and from a chronic methamphetamine addiction, physicians testified Tuesday in Lard’s capital-murder trial.
His ability to control impulsive and violent behavior is impaired, and he is unable to “conform to the conducts of law,” said the physicians, who testified on Lard’s behalf.
Lard, 38, is charged with capital murder in the April 12, 2011, shooting death of Trumann police officer Jonathan Schmidt during a traffic stop.
Prosecutors are seeking the death penalty.
Lard’s defense attorneys argue that Lard suffers from mental deficiency and was unable to premeditate Schmidt’s killing. Premeditation is a required component to prove capital murder.
On Tuesday, the state rested its case, and the defense began to present its side to the seven-woman, five-man jury.
Two physicians testified that they conducted tests on Lard after the shooting, and both said they determined that Lard had symptoms of brain damage from head trauma and years of methamphetamine use.
Barry Crown, a South Miami, Fla., psychologist who studies addiction, said Lard showed difficulties in reasoning, judgment and understanding the consequences of his behavior.
Lard used methamphetamine by injecting it into his veins, Crown said.
“He used a whole bunch of drugs,” Crown said of Lard. “He complained of headaches. He was using marijuana as his ‘nerve medicine.’”
He said tests revealed Lard has an IQ of 70. An average IQ is 100, he said.
Crown also said Lard had no memory of shooting Schmidt.
Prosecutors showed a video last week in court of Lard shooting Schmidt and also shooting at Sgt. Corey Overstreet, who assisted Schmidt during the traffic stop.
The video showed Schmidt stopping a car driven by Brian Keith Elumbaugh on Pine Street near an apartment complex in south Trumann about 11:30 p.m. April 12, 2011.
Schmidt handcuffed Elumbaugh after he learned Elumbaugh failed to appear in court on a city dog-leash law violation. A dispatcher radioed Schmidt and told him Lard, a passenger in Elumbaugh’s car, was wanted on a rape warrant.
The video showed the officer walking around Elumbaugh’s car to the passenger side to talk to Lard. When Schmidt opened the door, Lard pointed his .25-caliber handgun at the officer and shot him in the left side of the chin, the video showed.
The video — taken by the dashboard cameras in Schmidt’s and Overstreet’s patrol cars — showed that Lard then got out of the car and began firing at Overstreet.
Schmidt was shot three times with a .25-caliber weapon. Prosecutors said Lard shot Schmidt a fourth time at close range in the face with the officer’s own .40-caliber service weapon.
Overstreet, who was not injured, shot Lard.
On Tuesday, the physicians testified that scans showed pronounced damage to Lard’s frontal brain lobes, which regulate reasoning and impulses.
Lard also exhibited a lack of a sense of smell, which James Merikangas, a Bethesda, Md., physician, testified indicated impaired brain function.
“Some of the methamphetamine helped his damaged brain function,” Merikangas said. “But with too much chronic use, he became violent.”
On cross-examination, Deputy Prosecuting Attorney Andy Fulkerson showed Crown a poem Lard wrote while incarcerated.
Lard wrote: “I am broken. My life will never be the same ... my hands and feet are in chains.
“I’ve lost my kids, the Lord ... I seem to lose it all.”
Fulkerson asked whether Lard could write the poem with abstract thoughts, a rhyming scheme and ornate lettering if he suffered brain damage.
Crown said Lard could have and added that the poem sounded remorseful.
“About shooting the officer or about his own life?” Fulkerson shot back.
Crown did not respond.
Testimony will resume this morning in Greene County Circuit Court. The trial was moved from Harrisburg in Poinsett County after a request from defense attorneys who cited pretrial publicity.
Circuit Judge Brent Davis said he expected the trial to conclude Friday.
Arkansas, Pages 9 on 07/25/2012