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Prosecution's final witness to testify in murder trial |
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Wednesday, 31 October 2007 |
By KELLY DANIELS
Starkville Daily News
Following testimony from one more witness today, prosecutors should rest the state’s case against 36-year-old Thomas Smith in his trial for murdering a Pheba man in January 2004.
Smith, of Mathiston, is being tried on the murder charge before Judge Jim Kitchens in Oktibbeha County Circuit Court.
In Tuesday’s testimony from prosecution witnesses, Smith shot Terry Tate, 31, with a 9-milimeter handgun outside Larry C's store on Highway 15 in Maben. Tate was sitting inside his car with his three-year-old son present, witnesses said.
"The state intends to prove that on Jan. 29, 2004, Thomas Terrell Smith armed himself with a 9 mm gun, sought out Terry Tate and he found him," said Assistant District Attorney Rhonda Haze-Ellis during her opening statement to the jury. "He walked up to the car while his three-year old son was still in the car, pulled out that 9-milimeter, pointed it at Terry Tate and killed him; he murdered Terry Tate without any justification."
The first witness, Eddie Davis, who is serving a 15-year prison sentence at the Oktibbeha County Jail, described Tate "as a brother" to him.
Davis remembered aloud the night prior to the shooting, when Tate hit Smith on the head with a hand gun.
"They said "What's up?" to each other and then, he (Tate) pushed him (Smith) and hit him upside the head and said " 'You'll never get into any of me and my lady's affair again,' " said Davis.
The situation seemed resolved and Smith remained at the club after the assault without seeking any medical attention, Davis continued as he was questioned.
"You were close friends with Terry Tate?" asked Smith's attorney Joshua Stevens during his cross-examination.
"Yes, sir," answered Davis.
"Just like a brother?"
"Yes, sir."
Tommy Lee, who has known both Tate and Smith all his life, confirmed similar occurrences with a few additions.
Lee remembered hearing Smith ask Desmond Bale for his gun at Larry C's the morning of the shooting.
"I said, 'If I were you, I would just let the police take care of it,' " said Lee. "I said 'Why, you want to shoot him?' and he said that they had got into it last night."
The morning of Tate’s fatal shooting, Lee also saw Smith’s wound from the head blow.
"I saw a little blood in his hair, but I didn't see no bad bad place," said Lee.
Lee remembered Smith driving up to Larry C's and blocking in Tate's car so that he could not leave.
Smith then walked up to the window, took a few steps back and shot Tate, while his son's arms were wrapped around his neck, according to Lee's testimony.
"At any point during that exchange did Terry Tate ever get out of the vehicle?" asked Hayes-Ellis.
"No, ma’am," said Lee.
Another witness, John Cunningham, testified about his memories of Tate foaming at the mouth before speaking his last words, "Tell my wife I love her."
The trial will continue today beginning at 9 a.m. at the Courthouse Annex on West Main Street.
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Last Updated ( Thursday, 01 November 2007 )
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