LIMA — A jury of four men and eight women left for the night Monday unable to reach a decision in the Markelus Carter murder trial.
Jurors will return Tuesday morning to resume deliberations that began at 4:20 p.m. Monday.
The jury heard powerful arguments from the prosecution and defense as both did their best to try to convince jurors of their respected positions after two weeks of trial that centers on a case of circumstantial evidence.
Carter is charged with aggravated murder with a firearm and having a firearm under a court sanction in the Feb. 23, 2009, shooting death of Kenneth Warrington outside a home at 436 E. McKibben St. Prosecutors said Carter was upset over the relationship his ex-girlfriend had with Warrington.
Assistant Allen County Prosecutor Terri Kohlrieser took each piece of evidence and testimony to explain how it showed Carter killed Warrington. She explained how it began with a fight with his girlfriend, Sonya Burkholder in 2007 that led to a standoff with police and his arrest.
Then came her relationship with Warrington that Carter could not control despite his best efforts. Carter tried to convince police to pursue charges against Burkholder for the 2007 incident but that, too, failed. He failed in multiple attempts to break up Burkholder’s relationship with Warrington by calling their job to report it and calling Warrington’s wife. His loss of control led him to murder, Kohlrieser said.
“He thought it out, planned it and executed it by shooting Ken Warrington six times on that cold, dark morning in February of 2009,” Kohlrieser said. “He shot him in the back.”
Carter’s attorney, Jon Rion, said the prosecutor’s arguments sound plausible but only because they twisted the facts to match their theory. He said each and every piece of evidence can be viewed a different way in favor of Carter. He told jurors it was their job to do so.
Rion reminded jurors prosecutors have the burden of proof and telling them when they look at the evidence from various perspectives there is nothing left to prove guilt.
“To get a verdict of guilty, the evidence has to be imagined and stretched. Anything Markelus does is going to be spun to say somehow he’s guilty,” Rion said.
But Kohlrieser reminded the jury about other evidence such as Winchester 9 mm shell casings found at the crime scene and a partial box of live 9 mm rounds by the same manufacturer found inside Carter’s house. She also said a woman living near the crime scene saw a man in camouflage clothing walking away from the scene with his hands in his pockets wearing a hooded sweatshirt.
Long-sleeve and short-sleeve camouflage shirts were found in Carter’s home, Kohlrieser said. Both, along with a pair of black gloves tested positive for gunshot residue despite Carter saying he had not fired a gun in more than two years.
Rion said police, who entered Carter’s house holding their guns when they cleared the house to execute a search warrant, improperly handled the clothing contaminating the evidence. Furthermore, neither camouflage shirt had a hood or pockets, he said.
Assistant Allen County Prosecutor Tony Miller told the jury there was just too much evidence pointing at Carter. On top of that, Carter had the motive to kill Warrington. He told the jury the killing clearly was not a robbery, Warrington still had money on him and other items.
Miller painted Carter as a man who must always be in control. He walked the jury through what he thought was Carter’s mindset and walked them through how prosecutors thought the crime happened. Carter was not happy with Miller’s rendition, which upset him and caused Carter to make several comments during closing arguments including saying he was “not guilty.”
Prosecutors also reminded jurors about a jail inmate and a prison inmate who both testified Carter told them while he was locked up about shooting Warrington. Rion said neither man could be trusted and said there were too many holes in their testimony to be believed. But prosecutors said the inmates provided information only the killer would know, information police did not share with anyone.
The fact Carter attacked one of the inmates when they were accidentally put in a holding cell together shows Carter was upset the inmate was about to expose him.
“This is his first opportunity to remind [Inmate Steven] Upham that snitches get stitches,” Kohlrieser said.
Kohlrieser reminded the jury of emails between Burkholder and Warrington that were found in Carter’s house. There also was private information on Warrington such as his address, his wife’s name, his phone numbers and a picture of his pickup truck parked outside Burkholder’s home a month before the murder that Kohlrieser held up to the jury to see.
But Rion again said Kohlrieser was twisting the evidence. He said the truth was Carter was involved in a legal battle with Burkholder and the documents were part of that. He said Carter never once threatened anyone, rather he used the proper channels, the courts and police.
“Never a threat. Never. Always courteous,” Rion said. “The circumstantial evidence does not point to Markelus Carter as the person who gunned down Ken Warrington.”
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