2 shots fired while victim down, doctor says|Jurors tour killing site

Published 12:00 am Wednesday, November 18, 2009

Devin M. Moore was shot five times, two “probably” while he was lying face down on the ground, jurors in the Eric Davis trial were told Tuesday.

The second day of Davis’ trial in Warren County Circuit Court included testimony from a witness who was on Meadowvale Drive at the time of the shooting; police Lt. Linda Hearn, who investigated the scene; and forensic pathology expert Dr. Steven Hayne, who performed the autopsy on Davis.

Several observers got up and left the courtroom when photographs of the autopsy were displayed.

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Jurors also were taken by bus to Meadowvale Drive, off Sky Farm Avenue, where Moore was shot on June 25, 2008. Moore, who was 23, lived at 106 Meadowvale. Davis, 35, lived next door at 112.

Testimony continued today with Judge Isadore Patrick presiding. If convicted of murder, Davis faces a sentence of life without parole.

Hayne testified that of the five shots Moore received, two were fatal — a shot in the upper chest that penetrated his heart and left lung, and one in the lower back. Both caused internal bleeding, Hayne said, with about four quarts of blood — half of his body’s blood volume — leaking into Moore’s chest and abdominal cavities.

Moore was also shot in the right buttocks, upper back and thigh. The lower back and buttocks wounds were most likely inflicted after Moore was on the ground, Hayne said.

Defense attorney John Bullard repeatedly questioned Hayne about the bullets’ trajectories, getting Hayne to agree that it was possible all the shots were fired with Moore standing. Bullard told the jury that Davis acted in self-defense after being threatened by Moore, who, he said, had a .45-caliber Hi-Point pistol in his hand when Davis shot him.

“He had a lifestyle that says, ‘I have a gun, I deserve respect,’” Bullard said. In addition, the defense attorney said Davis had repeatedly been bothered by Moore’s mother, who lived next door and let her dog run loose on Davis’ property and then repeatedly taunted him about calling police. The neighbors had repeatedly argued about property issues, Bullard said.

Davis, on trial for being a convicted felon in possession of a weapon in addition to murder, had weapons, Bullard said, because he had “a reasonable apprehension of fear.” Davis shot Moore until he was no longer a threat, Bullard said.

Hayne, however, said it was unlikely that Moore was standing when the final two shots were fired, testifying that there were no abrasions or injuries to Moore’s face that would have been consistent with his falling after being shot from behind.

Earlier in the day, jurors were taken to the scene of the shooting, a quiet neighborhood of one-story, middle-class homes, some with bikes and other children’s toys in the yard. Hearn placed placards on the Moore’s driveway where, she said, a trail of moore’s blood was found, and in the grassy area near the end of the driveway where he was when rescue workers arrived.

Bullard repeatedly questioned Hearn about her reconstruction of the scene after the night of the shooting, the integrity of the crime scene and the location of blood drops and bullet shell casings found in the yard next door.

In the courtroom, Bullard and Assistant District Attorney Dewey Arthur also sparred, out of the presence of the jury, about toxicology reports that showed Moore had low levels of THC, a chemical found in marijuana, and an overheard cell phone conversation between Moore and his girlfriend just minutes before the 911 calls.

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Contact Pamela Hitchins at phitchins@vicksburgpost.com