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Testimony begins in Mothers Day homicide trial

By Susy Kelly skelly@heraldstandard.Com 4 min read
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Fayette County jurors heard opening testimony in the trial of a Uniontown man accused of fatally shooting another Uniontown man who was on his way to deliver a Mother’s Day card in the early hours of May 13, 2012.

Kurtavius Smith, 28, faces charges of criminal homicide and illegally carrying a firearm for allegedly shooting Marlin “Zeus” Crawford, 28, in the head.

Crawford was found at about 4:45 a.m. lying on a sidewalk near the edge of the Pershing Court Manor housing complex with a bullet hole above his left eyebrow, according to police. He died a short time later.

In the prosecution’s opening statement, Assistant District Attorney J.W. Eddy told the jury, “This was premeditated, and a vicious and violent attack.”

Whitney Robinson, who lived on Butler Street in May 2012, just above Pershing Court, testified that she was in a relationship with Crawford. He was on his way to see her when he was shot, Robinson testified.

Robinson testified that she heard from Crawford at about 12:15 a.m. the morning he died. “He had sent me a text wishing me a happy Mother’s Day and said he loved me,” she told the jury, through tears.

Not long after that, Robinson testified, she received another message from Crawford asking her to come to Splash Bar, located on Fayette Street not far from Pershing Court, and bring him some food. She said she took Crawford food, stayed with him at the bar for about 10 minutes and then went home.

When she next heard from Crawford, Robinson testified, he asked her to leave her door unlocked and said he was on his way with her Mother’s Day present. Robinson told jurors she waited, and Crawford never arrived.

“When did you see him again?” asked Eddy.

“About 20 minutes later, laying outside my house,” said Robinson.

According to Robinson, there was one gunshot and a pause followed by another six or seven shots. She testified that the first shot sounded different from the others.

Uniontown police who responded to a neighbor’s 911 call said a group of about five people were seen fleeing the area when they arrived at Pershing Court, but their immediate concern was securing the crime scene and preserving evidence.

Officer Jamie Holland testified that police found two handguns in Crawford’s possession — a 9mm semi-automatic pistol with 12 live rounds found under Crawford’s right hip, and a .357-caliber revolver with six live rounds found in his front shirt pocket.

Holland said two cards, two envelopes and a red rose were also found near Crawford.

Jurors saw video footage from a camera mounted in Officer Delbert DeWitt’s police car, showing police driving toward Pershing Court and arriving at the location where Crawford lay.

DeWitt testified, and the video showed, that a white Jeep SUV was driving away from Pershing Court with its lights off when police arrived.

Uniontown Police Chief Jason Cox testified that he and other officers located the white Jeep in an alley near Millview Street. Believing the suspects to be in the house at 20 Millview St., Cox said he used a bullhorn to order the occupants of the third-floor apartment to come out with their hands up.

After five or 10 minutes, Cox said one man, Jason Miller, came out. Next came Jessica Fairfax, and several minutes later, Cox testified, Deaundre Fielder and Smith exited. Miller, Fielder and Smith were taken into custody, Cox told jurors, and transported to the police station.

On cross-examination, Smith’s attorney, Charles Hoebler, asked Cox if Miller, Fielder or Smith were in a relationship with Fairfax, and Cox testified he didn’t know. Hoebler asked if Cox was able to find out whom the Jeep belongs to or who was driving it, and Cox again testified he didn’t know.

Hoebler contended in his opening statement that although the prosecution intends to call 22 witnesses to establish the elements of the alleged crime, “There’s no evidence that Mr. Smith premeditated and shot Marlin Crawford.”

Testimony will resume before Judge Steve P. Leskinen at 9:30 a.m.

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