The shotgun blast that killed Christopher Shane Adkins outside a Berea home last December was fired in self-defense, the attorney for his accused killer told a jury Monday.
David A. Daugherty, 42, of Sand Gap, is facing a possible life sentence for the Dec. 23, 2008, shooting of Adkins, 34, of Berea, outside a home in the 5500 block of Battlefield Memorial Highway.
Jury selection opened Monday morning with several members of the jury pool being called into individual questioning sessions regarding their exposure to media reports about the case.
After a 31-member pool was seated to begin group questioning, assistant commonwealth’s attorney Jennifer Hall Smith and defense attorney Meena Mohanty both asked prospective jurors about their feelings on self-defense and any past experiences with jury service.
Following a short break for attorneys to decide which jurors to put in the final pool, a seven-woman, six-man jury was impaneled at 11:30 a.m.
Commonwealth’s Attorney David Smith delivered the opening statement for the prosecution after the lunch recess, walking the jury through the timeline of what police believe took place.
Smith said that Daugherty’s own statements to police indicate he was not sure whether Adkins was armed with a gun. Adkins was brandishing an aluminum baseball bat shortly before the shooting took place, but no firearm was found in his possession after his shooting.
In her opening statement, Mohanty called Daugherty a “hard-working innocent man” and said her client believed Adkins was armed with a gun.
“Mr. Daugherty acted in self-defense,” Mohanty said.
Smith opened his case by calling Barbara “Kay” Horn, one of the two women who was with Adkins prior to the shooting.
Horn and Adkins had been driving around Berea and parts of Jackson County the night of Dec. 22 before their car broke down on Rice School Road in Jackson County, Horn testified.
The duo left the car and began walking, Horn testified, when one of her friends, Deidre Isaacs, drove by and picked her up, while Adkins continued walking.
Shortly after getting into Isaacs’ Ford Explorer, Daugherty drove up with another man, Adam Anglin, and had a short conversation with the women during which he asked about Adkins, Horn said.
After Daugherty drove away, the women picked Adkins up off the side of the road a short distance away, Horn testified. As the trio headed toward Berea, they realized Daugherty was following them, she said.
When the women and Adkins arrived at Horn’s mother’s home on Battlefield Highway, Daugherty pulled up behind them and got out of his truck to give Horn $40 in cash, she testified.
After Daugherty got back into his truck, Anglin exited the truck and began shouting at Horn and Adkins, Horn said. An altercation ensued during which Adkins shattered the passenger window of Daugherty’s truck with an aluminum baseball bat.
Daugherty then got out of his truck carrying a 12-gauge shotgun and fired a single shot that struck Adkins in the chest, neck and left shoulder, Horn said.
Smith called Isaacs to the stand after Horn’s testimony, and she gave a largely similar account of the incident, although Isaacs did testify that Horn had asked her to stop and talk to Daugherty initially, and said that the conversation between Daugherty and Horn at the Berea home took place before Horn got out of Isaacs’ vehicle.
After a recess, Smith called state medical examiner Dr. Kristen Rolf to testify about the autopsy performed on Adkins.
Rolf said the cause of death was internal bleeding caused by damage to Adkins’ heart, lungs and aorta, and that one of the shotgun pellets struck a vein in Adkins’ neck and was carried into his brain.
A brief bench conference was called after Mohanty asked Rolf about the results of a toxicology test, and Madison Circuit Judge William G. Clouse ordered the jury to disregard the question following the conference.
The final witness of the day was Detective Steve King of the Madison County Sheriff’s Office, the lead investigator in the case.
King testified that tests conducted on the shotgun police recovered from Daugherty’s truck the day of the shooting indicate that Adkins was shot from a distance of five to seven yards.
Daugherty had purchased the shotgun from Ricky Witt, a McKee resident who lives on Rice School Road not far from where Adkins’ car had broken down, King testified.
Witt said in a statement to King that Daugherty and Anglin had left his home with the shotgun and some shells after Witt told them a white car had left a “donut” in his driveway and was parked by the side of the road nearby, King testified.
Witt also had said Adkins had been at his home earlier in the evening for a few minutes, and Witt said he heard gunshots shortly after Adkins left, King said.
Prosecutors then played a video of part of a statement Daugherty gave to King at the Madison County Sheriff’s Office the day of the shooting.
The nearly 90-minute video was difficult to hear for jurors, who also were given written transcripts of the recording.
Clouse adjourned after the video, telling the jury a second recording would be screened Tuesday morning before King’s testimony concluded.
Brian Smith may be reached at bsmith@richmondregister.com or at 624-6694.
Homepage
Related Photos
-
Commonwealth’s Attorney David Smith refers to a diagram of the Berea home where Christopher Shane Adkins was shot during the first day of David Daugherty’s trial for murder. Daugherty, 42, is accused of shooting Adkins once with a shotgun during an early-morning altercation on Dec. 23, 2008.
Attorney: Fatal shot fired in self-defense
Sand Gap man facing possible life sentence
- Local News
-
-
Friday at library : Lecturer to portray founder of Berea
John G. Fee, abolitionist and founder of both Berea and Berea College, will be portrayed Friday night by performer Obadiah Ewing-Roush as part of Kentucky Humanities Council Chautauqua performance series at the Madison County Public Library. There is no charge to attend the 7 p.m. event.
As the son of a slave-holding father, Fee witnessed firsthand the benefits of having slaves and the profits that could be made from their labor. When he graduated from college and enrolled in Lane Theological Seminary, he began to understand the inherent wrong and destructiveness of slavery. -
Berea woman dies Tuesday in Laurel County crash
A Berea woman, Tommie Johnson, 60, died Tuesday evening in a Laurel County crash, according to the the Laurel Sheriff’s Office.
The accident took place about 7 p.m. at the junction of Maple Grove Road and KY 363 south of London, as Johnson was attempting to turn onto the state highway.
Laurel County Chief Deputy Eddy Sizemore said Johnson’s Chevrolet Cavalier pulled out in front of a Dodge Durango driven by Charles Joseph, 19, that was traveling south on KY 363.
After being extricated from her vehicle, Johnson was transported to St. Joseph-London hospital, where she was pronounced dead.
Joseph also was transported to the hospital, where he was treated for minor injuries, according to the accident report. -
Finally February
Ian Rosser, an Eastern Kentucky University student from Lexington, clears snow from his car parked on campus Wednesday
morning after about an inch of snow fell in Richmond. Temperatures are forcast to be in the upper 40s today. Kentucky has seen a lot of rain in the past few months, as was predicted by the Farmer's Almanac, but very little snow has fallen. -
Volunteers needed for equine therapy
The Appalachian Foothills Therapeutic Equestrian Center will be hosting two, one-day volunteer training workshops for those interested in helping others with special needs.
The volunteer orientation days will be Friday and Saturday from 10 a.m. to 3 p.m., but only one day of training is required, according to Mark Martin who co-owns Appalachian Foothills Therapeutic Equestrian Center (AFTEC) with his wife Cheryl.
The all-volunteer organization, which is based in Jackson County, uses horses to help humans deal with physical and emotional challenges. -
Man accused of holding samurai sword to girlfriend’s throat
A Madison grand jury will hear the case of a man accused of threatening to cut his girlfriend’s head off, and attacking her father with a samurai sword.
Russell M. Masters, 42, of Richmond, is charged with two counts of first-degree wanton endangerment, which is a Class D felony, and fourth-degree assault (domestic violence with minor injury) and resisting arrest, which both are Class A misdemeanors. Masters could receive one to five years in prison on each wanton endangerment charge, and the misdemeanors both carry a maximum sentence of one year in jail.
-
Friday at library : Lecturer to portray founder of Berea
- Sports
-
Madison Southern senior Jordan Renner brings the ball up the court Thursday in Berea.
-
H.S. HOOPS: Renner helps Lady Eagles rally past Western Hills
Just when it looked like a Senior Night victory was slipping away, the Lady Eagles regrouped.
-
H.S. HOOPS: Model falls at Garrard County
The Lady Patriots couldn’t make enough shots and they just weren’t able to overcome Garrard County’s superior size.
-
H.S. HOOPS: Central set to meet Berea in district opener
For the fifth straight year, the pairings for the opening round of the 44th District Basketball Tournaments will be exactly the same.
-
H.S. HOOPS: Renner helps Lady Eagles rally past Western Hills
- Lifestyles & Community
-
-
Is MSG (monosodium glutamate) harmful?
Monsodium gluatamate (MSG) is a flavor enhancer often added to Chinese food, soups, processed meats and canned vegetables. The use of MSG remains controversial despite a Food and Drug Administration (FDA) statement that it is safe. Because of this, the FDA requires that whenever MSG is added, that it be listed on the label.
- Common-sense job hunting
- It’s a love thing
-
- Viewpoints
-
-
Education a focus in Senate this week
FRANKFORT — The Senate passed several bills this week. Of these bills, three education bills are of particular importance.
- Redistricting ruling offers collateral benefits for voters and taxpayers
- In defense of southern-fried Paula Deen
-
Obama Gives Education Waivers to 10 States
Giffords Aide to Run for Her Seat
LA School in Sex Abuse Scandal Reopens
Winter Slamming North Asia, Parts of Europe
Syrian Forces Renew Bombardment of Homs
States, Banks Reach Foreclosure-abuse Settlement
Raw Video: Italy's Mount Etna Bursts Into Life
Greeks March; Angry Despite Debt Deal
Raw Video: U.S. Pullout Celebration
Raw Video: Annual Empire State Building Run-Up
Man Killed in Courthouse Shootout
Air Force Airlines: Leaders Get Polished Service
Ga Girl Fights Off Kidnapper at Walmart
Nevada Highway Patrol, City Settle Beating Case
Homs Bombardment Continues, Global Outcry Grows
Raw Video: Dog Rescued From Icy Colo. Water
Skip the Coffee Cup and Inhale Your Caffeine Fix
