Jury to weigh testimony in slaying case
This morning, a Fayette County jury will begin the process of deciding if Charles Wilson was trying to diffuse the violent eruption that led to Eric “ET” Thomas’ strangulation death, or if he was part of it. Following a long day of testimony by two key commonwealth witnesses – one of whom changed his testimony completely – jurors heard closing arguments and will hear the charge of the law today.
Wilson, 34, of Cleveland, Ohio, is charged with criminal homicide, aggravated assault, robbery and conspiracy for his alleged participation in Thomas’ death. And while no one contends Wilson himself killed Thomas on March 24, 2004, prosecutors hope to get a conviction by showing jurors that he was part of a conspiracy.
Under the law, that would make Wilson just as responsible.
But Wilson’s attorney, Dianne Zerega, has the testimony of a commonwealth witness who got a deal for his cooperation and was expected to tell jurors that Wilson had a hand in Thomas’ death and the assault of another man, Terrance Lett.
New Testimony
The case took a turn when Deshon Garrison took the stand and testified Wilson had nothing to do with Thomas’ death. Garrison, under an agreement with prosecutors, pleaded guilty to third-degree murder and was sentenced to 10 to 20 years in prison.
He testified that Timothy Atwater, the other man with him and Wilson, inexplicably attacked Thomas at Thomas’ home, hitting him in the back of the head and tackling him to the floor before binding his hands and feet.
While this was going on, Wilson told Atwater to “chill,” Garrison testified.
As Thomas was assaulted and bound, Wilson “was standing over to the side by the door, telling (Atwater) to stop,” Garrison testified.
Atwater killed himself as police were attempting to arrest him in this case.
Garrison also testified that Wilson did not have a gun, but previously had.
During the struggle with Atwater, Garrison testified Thomas was yelling, telling Atwater to get off of him. Atwater put his arm around Thomas’ neck and then tied a T-shirt in his mouth to keep him quiet, Garrison testified, and then dragged Thomas to a closet and “stuffed him in there” and pushed a sofa in front.
Garrison testified that Atwater did not have a problem, and the group believed it was Thomas who had an issue with them.
“Supposedly Eric Thomas was trying to rob us,” he testified.
Under questioning from First Administrative Assistant District Attorney Mark F. Morrison, Garrison acknowledged that neither he nor Wilson took any steps to help Thomas, or call for help as Atwater assaulted him.
And when Terrence Lett came to Thomas’ house after he had been stuffed in the closet, Garrison testified he stood, waiting with a gun, and ordered Lett to the floor when he entered the house. Garrison testified he was concerned that Lett would ask where Thomas was.
Wilson stood behind the door waiting for Lett, Garrison testified, but had no gun and was not involved in anything that happened to Lett. Atwater kicked Lett in the head and, “I walked away,” Garrison testified.
Lett was eventually tied up, but Garrison testified he did not know who did that.
After his cross-examination, Morrison again questioned Garrison, confronting him with statements given to two state police troopers and a U.S. Marshal in Cleveland, Ohio, where he turned himself in.
Garrison testified he only gave those statements after the arresting trooper George Mrosko told him that he was facing a life sentence that could be averted if he turned on Wilson.
“Trooper Mrosko told me it was Fresh (Wilson) they wanted and he could help me out,” Garrison testified.
Mrosko took the stand briefly and testified he never made that statement to Garrison, nor did he threaten the then-18-year-old.
Garrison testified that Mrosko never told him to lie in statements, but he decided to do so on his own in hopes of avoiding a life sentence.
Morrison used statements from that initial interview, and later from a preliminary hearing transcript to impeach Garrison. In those statements, Garrison testified that Wilson tied up Thomas on several occasions, and also said that Wilson had a gun at Thomas’ house.
At one point, Morrison reminded Garrison that his plea agreement was predicated on truthful testimony.
“I don’t know,” Garrison testified.
He later testified he made up the statements that implicated Wilson during his initial statement to police and at the preliminary hearing.
“Are you providing truthful testimony today?” asked Wilson’s attorney, Dianne Zerega.
“Yes mam,” Garrison testified.
Of Garrison’s testimony, Morrison suggested in his closing remarks that the 19-year-old got his deal, and then decided to help his friend.
“Taking the oath (in court) meant nothing to him,” Morrison said.
He took Garrison’s change in testimony another step, suggesting that his lack of incriminating statements against Wilson were a furtherance of the conspiracy to kill Thomas and assault Lett.
“This is a continuance of the conspiracy. Now, it’s the conspiracy of silence,” Morrison said.
Zerega emphasized Garrison’s testimony in her closing remarks.
“My client was not involved in doing anything to Eric Thomas. He was trying to get (Atwater) to relax and calm down,” Zerega said.
She suggested Garrison earlier gave statements that minimized his involvement, but gave jurors a true picture.
“(Accomplices) may keep pointing the finger or enhance their testimony because they want their deal,” Zerega argued.
Immunity questioned
She also questioned the credibility of Chambrale Parham, who was initially charged as a conspirator in the case, but received immunity from prosecution for her testimony. Parham testified she was upstairs with Thomas’ then 2-year-old daughter when she heard commotion from downstairs.
“I heard ET screaming ‘Don’t kill me. My baby. I got kids, don’t kill me,'” she testified.
Parham testified she started down the stairs and looked briefly at what was going on. She said she saw Atwater, Wilson and Garrison fighting with Thomas, so she ran back into Thomas’ daughter’s room.
“I covered her ears so she couldn’t hear all the commotion going on,” Parham testified.
At one point, she testified she looked out the window, hoping to find an escape route, but saw none.
“So I sat back down on the bed with the baby, and I held her until she fell asleep,” Parham told jurors.
She also testified that Wilson threatened to harm her if she went to police.
During cross-examination, Parham acknowledged to Zerega that she never told police anything about seeing what happened downstairs in any prior statements.
“At the time, I could not remember,” Parham testified.
“And now that you have immunity, suddenly your memory’s much better?” Zerega asked.
Morrison objected and Parham did not answer.
Zerega questioned if Parham’s memory was bolstered by a plea deal, but Morrison countered in his closing remarks that Parham was “the least culpable” of everyone involved.
Testimony wrapped up without Wilson taking the stand and Zerega presented no defense witnesses.
Zerega successfully petitioned Capuzzi to drop the potential charges of first and second-degree murder from the charge he will present this morning, because, she said, there was not evidence of either presented.
He dismissed her request to dismiss charges of aggravated assault and conspiracy.
When Capuzzi charges jurors on the law, he will give them the option to find Wilson guilty of third-degree murder or involuntary manslaughter, both of which are part of criminal homicide.
To find for third-degree murder, jurors must find malice in Thomas’ death. Involuntary manslaughter is a criminally negligent, but not malicious, homicide.
After the trial ended for the day, Morrison said he was looking at legal options to decide what course of action to pursue against Garrison. His plea deal calls for truthful testimony and complete cooperation with prosecutors, but he has already been sentenced.
Morrison said the office is also mulling perjury charges against Garrison, but no decision has been made.
During an interview with Garrison on Friday, Morrison said his version of events was wholly different that what he presented in court.
Both Garrison and Wilson are being housed at the Fayette County Prison.
Absent from the trial was evidence that Garrison, Atwater and Wilson went to Thomas’ home to rob him of drugs. Capuzzi did not allow evidence of the drugs. The jurist also precluded testimony that Atwater killed himself as police tried to take him into custody in Cleveland in the days after the homicide.