Demery trial continues
Testimony goes into second day as state
presents its case
By Abby Morris
Star Staff
amorris@starhq.com
Testimony continued on Tuesday in the trial of
a Carter County man charged with first degree murder in the
March 2002 death of a Unicoi County man.
The state continued presentation of evidence
against 27-year-old Timothy Demery, who is charged in the
shooting death of 37-year-old David Harmon.
The trial was originally expected to take two
days to present all of the evidence to the jury, but the trial
will enter its third day this morning.
In court on Tuesday, jurors heard from a variety
of witnesses, including law enforcement officers who worked
on the case, the forensic pathologist who performed the autopsy
on Harmon, and relatives of Demery who testified that he had
asked them to give false statements to investigators and not
to testify against him.
Despite new evidence and testimony, the most
dramatic event that occurred during Tuesday's session did
not happen in front of the jury or even in open court.
Jim Harmon, father of David Harmon, told the
Elizabethton Star on Tuesday afternoon that earlier that day,
Demery had spoken with him and had apologized for Harmon's
death. "That boy (Demery) that killed him talked to me awhile
ago and he said he was sorry. I told him that I forgive him
and I know that if he asked the Lord, he'd forgive him too
and he started crying," Jim Harmon said. "It was hard to do,
but I had to forgive him. I'm a minister. If you hold one
thing against your brother it comes between you and God."
One individual who offered testimony was Diane
Bishop, who is an aunt of Demery. She explained the relationship
between her son, Harold Bishop, II, and her nephew. "My son
and Mr. Demery were very close," she said. "This has been
hard on my whole family."
Bishop said that after Demery was arrested he
made a collect call to her from the jail and wanted to speak
to her son. "He wanted me to remind him when he came to court
to say that the gun was loaded because of a dog attack. He
wanted him to tell the court that the gun was kept loaded,"
Bishop said, adding that her son had told her he never kept
the gun loaded. "He said his life was in the hands of his
family."
Bishop also gave the court letters which Demery
had mailed to her son and that her son then handed over to
her.
Robert Oaks, the attorney representing Demery,
objected to the introduction of letters as evidence. The jury
was removed from the courtroom while Assistant District Attorney
Ken Baldwin and Oaks discussed the letters with Judge Robert
Cupp and agreed that portions of the letters which referred
to prior criminal acts committed by the defendant, including
a reference to drugs, be omitted. It was also decided that
statements Demery had written in the letter about what his
attorney had advised him be omitted. Cupp also ruled that
portions of the letter detailing how much time Demery could
serve if he were to be convicted of the charge against him
also be removed so as not to influence the jury.
While the men discussed the letters without the
jury's presence, Baldwin read a portion of them aloud to Cupp
where Demery asked his cousin, Harold Bishop II, and his uncle,
Harold Bishop I, to leave the area and go to Virginia for
a month to avoid testifying against him in the case. Demery
said in the letters that they would only get two days in jail
if they failed to show up for court. "Two days ain't shit
man compared to 56 years," Demery said.
After Cupp ruled that the letters were admissible
as evidence once the portions he specified were removed, the
jury returned and Diane Bishop's testimony continued.
During her testimony, Baldwin asked that she
read the letters to the jury. "You know I loved you like a
damn brother, man. No shit. I would have done anything for
you and I mean any damn thing," Diane Bishop read. "Now they
are thinking of killing my ass all because you won't say the
gun was loaded. I can't believe you did me like that."
Law enforcement officers told the jury about
evidence collected at Demery's residence, including the discovery
of the two firearms believe to have been used in the incident
- a .22-caliber rifle and a .25-caliber handgun- as well as
bullets, spent shell casings, blood evidence and a door from
inside the trailer located at 1990 King Springs Rd. which
Demery had shared with his wife Beth Demery and his cousin
Harold Bishop II.
Investigators removed the door to one of the
trailer's bathrooms because there was writing in chalk which
contained the statement, "Dave tried to kill me," as well
as other statements.
Dr. Gretel Stephens, a forensic pathologist at
the Quillen College of Medicine, told the jury about the results
of the autopsy conducted on Harmon. "The cause of death was
a close gunshot wound to the head," she said.
According to Stephens, Harmon had been shot a
total of 16 times. Police contend that he was shot 15 times
with the .22-caliber rifle and once with the .25-caliber handgun
which were recovered from Demery's residence.
Stephens testified that all of the bullet paths
through Harmon's body showed, "vital activity" which meant
that Harmon's heart was still pumping blood and he was alive
at the time he was shot the 16th time.
In her testimony, Stephen stated that she recovered
a total of 11 bullets from Harmon's body at the time of his
autopsy. "It appeared that 10 of them were of the same caliber,
a .22-caliber, and a separate one, the one from the head,
was a .25-caliber," she said.
Stephens also testified that according to the
many different points of entry that the bullets made to Harmon's
body as well as the different angles the bullets came from
and the different paths they took inside the body, it was
apparent that Harmon was moving around while he was being
shot. "It was very likely that he was moving, dodging and
trying to get away," she said.
Four of the bullets also penetrated Harmon's
lungs, according to Stephens, and a fifth bullet pierced his
liver and gall bladder. Those wounds could have ultimately
proved fatal if Harmon had not been shot in the head, according
to Stephens. "Given enough time the ones that went through
the lung could have been lethal without proper medical care
or the one that pierced the liver and gall bladder could have
led to enough bleeding that it could have been lethal without
appropriate medical care," she said.
Stephens said she felt confident that the bullet
which struck Harmon in the forehead between his eyebrows was
the fatal shot. According to the forensic pathologist, the
bullet penetrated Harmon's skull and traveled through his
sinuses before destroying "the entire right side of his cerebrum."
Due to the brain damage caused by the bullet, Stephens said,
"the shot would have been quickly fatal" but Harmon was alive
at the time he was struck with that bullet. Harmon was also
shot a total of five times in the back.
The trial is expected to continue today in Carter
County Criminal Court.