Defense says man’s killing wasn’t murder

Published 6:00 am Tuesday, January 29, 2002

Jurors Monday began hearing testimony in the trial of a LincolnCounty man accused of murder in the shooting death of anothercounty man following an argument over who was “the baddest” duringtheir high school days.

Prosecutors contend Jeremy Harris, 25, of 414 Old Wesson RoadLot 38, committed murder when he shot Richard Washington, 26,during a late afternoon Aug. 4, 2001, gathering at a Howard Roadresidence.

“He was a man in good health, and he was gunned down thatafternoon,” Assistant District Attorney Diane Jones said ofWashington during opening statements Monday.

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Jones said Harris fired three shots, with the third hittingWashington in the back.

In his brief opening statement, Public Defender Gus Sermosacknowledged the shooting and the death. However, he said evidencein the trial will show the shooting was not murder.

Prior to the start of testimony, 32 photos of the crime scene,ammunition and a Ruger pistol used in the incident, and a Harrisconfession tape and transcript were admitted into evidence.

According to Monday’s testimony, Harris and Washington becameinvolved in an argument over who was strongest — or who was thebaddest — during their high school days. Some testimony indicatedWashington removed his shirt and shoved Harris during the incidentthat happened around 5:10 p.m. at the 853 Howard Road residence ofJames Green.

Other testimony suggested the two may have resolved theconflict.

“They shook hands and gave a friendly hug” said Tyrone Davis,25, a friend of both the victim and the defendant.

Harris was described as calm and straight-faced when he left andwent to his mother’s home following the argument.

“It didn’t look like he had any intentions of coming back,”Davis said.

Harris, however, got a ride from his brother and returned a fewminutes later. Davis testified that Harris yelled, “Who’s the b—-now?” as he arrived back at the scene and fired a shot in theair.

Davis said he heard a total of five shots from the time Harriscame back to the time he and Washington went behind the Greenhome.

In other testimony, Davis said pretty much everyone at thegathering had been drinking beer, but he was unsure if Harris hadbeen drinking. He acknowledged he had not been at the residence theentire time that Harris and Washington were present.

Earlier Monday, sheriff’s department investigator Lance Falveytestified about the incident and about blood splatter patternsfound at the scene.

“It seems to indicate this person was moving away from theyard,” Falvey said.

The trial was continuing Tuesday with more prosecution witnessesand then the defense presenting its case. The jury was expectedhear closing arguments and receive the case for deliberationsometime today.