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Jury selected for 3 accused of running down Washington County deputy

May 6th, 2013 9:34 am by Becky Campbell

Jury selected for 3 accused of running down Washington County deputy

Editor's Note: Press Staff Writer Becky Campbell is reporting live from attempted murder trial for three people accused of running down a Washington County sheriff’s deputy more than a year ago. Follow her on Twitter @CampbellinCourt.
4:55 p.m. - court will adjourn for the day; testimony will resume Tuesday morning.
4:55 p.m.- Paramedics had to forcibly rotate the arm down to be able to treat him, get him into ambulance.
4:50 p.m. - EMS paramedic who responded to scene on stand now; said Daugherty had open compound fracture on arm, which was lying in unnatural position.
4:33 p.m. - Prosecutors show the video from Cross' cruiser to jury; video clearly shows Daugherty get hit, fly through air and land several feet away.
4:30 p.m. - Cross' cruiser had video running during the pursuit and it recorded Daugherty get hit; Daugherty had been attempting to throw out a spike strip when he got hit.
4:27 p.m. - Testimony has been slow; Deputy Lee Cross on stand now; he was pursuing Stephens' car, said it was passing other vehicles, top speed of 72 mph; Cross saw Daugherty get hit.
3:23 p.m. - Attorney Gene Scott pressed McElyea and Hylmon hard, especially about drugs being in the house and being sold there. Both denied that.
3:20 p.m. - Hylmon said Smith put the gun "right against my forehead. I said please don't shoot me.'
3:18 p.m. - Next witness is Daniel Hylmon; he's the one who answered the door when Smith arrived; he and McElyea denied knowing Smith and Stephens; he said he never saw drugs sold at that house.
3:02 p.m. - Redirect from Ken Baldwin, reiterates who came to house, who was in the red Cavilier; McElyea couldn't identify the two in the car but knew one was a woman.
3:00 p.m. - Scott got McElyea in a lie, asked him if he's ever possessed any drugs other than marijuana, McElyea said no, but he'd pleaded guilty in 2011 to possession of cocaine.
2:58 p.m. - On cross examination by Gene Scott, McElyea admits knowing about an incident at his trailer sometime prior to the Jan. 2, 2012 incident in which a friend was "robbed" of drugs by Stephens.
2:56 p.m. - Eric McElyea is first witness; he's testified Smith came to his house, asked to use phone then pulled a gun and demanded money and drugs; McElyea said there were no drugs there, Smith left without anything.
2:50 p.m. - Lots of technical problems with Internet access in the courtroom today; updates may be sporadic.
2:34 p.m. - Scott says it was Stephens who knew where to go get the pot, but that he couldn't go in because he had gotten pot there before but not paid for it.
2:33 p.m.- Attorney Gene Scott says case has been hard on everyone, but hardest on Gary Daugherty. "He was out there doing his job and he got run over."
2:30 p.m. - Fabus said the video, in his opinion, shows his client was trying to avoid the spike strips and the officer; says the officers lost balance, took three steps back into car.
2:29 p.m. - Fabus said his client is "absolutely guilty of" assaulting Daugherty, but not of planning to kill him.
2:27 p.m. - Stephens got scared when police got after him, that's why he fled.
2:26 p.m. - Fabus says Stephens had no knowledge of a robbery, no knowledge of a gun.
2:25 p.m. - Defense attorney Jerry Fabus; reminds jury they won't like his client; said Stephens and McGraw were home that day, Jan. 2, 2012 when Smith came over and asked if they had marijuana; they didn't but said they knew where they could get some.
2:24 p.m. - Defense attorney Debbie Lonon tells panel to remember to listen to all the proof, that her client was just there, didn't participate.
2:20 p.m. - Baldwin tells jury that 13 days later, an intoxicated inmate was put in same cell with Stephens, who with out anyone asking said" (Expletive) the police. That's why I ran over one of them."
2:17 p.m . - Car kept going after hitting Daugherty; eventually wrecked, Stephens and Smith end up surrendering; McGraw runs, Baldwin says "think about mere presence," as defense has claimed.
2:20 p.m. - Baldwin says Daugherty was "hurt bad, bones sticking out of his skin...he didn't come back to work for over a year."
2:15 p.m. - Assist. District Attorney Ken Baldwin gives state's opening statements; tells the story of attempted robbery on Sand Valley Road Jan 2, 2012, high speed chase, how Deputy Gary Daughterty was putting out spike strips when he got hit.
12:20 p.m. - Jury selected, now attorneys will choose two alternates.
12:10 p.m. - Selection still going; been through several who have conflicts with being here this week;
11:51 a.m. - Next juror called said she has opinion that would require proof to change it; she's excused; next juror hasn't read or heard about it, but he's excused for child care issues.
11:50 a.m. - Third round of challenges by attorneys; 1 booted - it's the local defense attorney who was called for jury duty; one called to box, but he's excused because of opinion he's formed. He was doing an internship at the sheriff's office when the incident happened.
11:45 a.m.- Questioning continues; one jury released because she's formed opinion, another for doctor's appt.
11:30 a.m. - Second round of challenges; 3 excused, 3 more to box.
10:50 a.m. - Questions for 3 new jurors called to box; Fabus tells panel Stephens will plead guilty to two of his charges, doesn't say which ones. He is charged with attempted first-degree murder, attempted aggravated robbery, reckless endangerment, evading arrest and leaving the scene of an accident involving injuries.
10:35 a.m. - Blackwood takes short recess;
10:34 a.m.- Attorneys present first round of challenges to jurors in box; 3 excused.
10:23 a.m. - Gene Scott is last to ask questions; asks panel if they will treat Smith any different because he's African American.
10:22 a.m. - Fabus asks panel to not convict Stephens just because he was there, to make sure state proves all elements of crime.
10:18 a.m. - Attorney Jerry Fabus now talking to jury; he represents Stephens, who was driving the car. "You will not like my client," he tells panel.
10:12 a.m. - Lonon tells panel they'll see the video of Daugherty getting hit, they must set aside emotion of that during deliberations.
10:10 a.m. - Lonon asks jury if they can look at what each defendant knew about what the other was doing; prior to the car hitting Daughterty, her client, McGraw, was yelling for Stephens to stop the car;
10:05 a.m. - At this point, one of the potential jurors is a prominent attorney in the area; I can't identify him; doubt he'll end up on final panel.
10:03 a.m. - Atty Debbie Lonon talks to jury about burden of proof, presumption of innocence. All three defendants are presumed innocent at this point, state must prove charges beyond reasonable doubt.
10:00 a.m. - Attorneys are conducting voire dire, the time when they get to ask potential jurors all kinds of questions about their experiences that may or may not affect their serving.
9:46 a.m. — Smith is the one accused of robbery while Stephens ,McGraw waited in car; Stephens was driving when car hit deputy as they fled.
Asst. District Attorney Ken Baldwin begins state's voire dire; talks about criminal responsibility, an issue in case.
9:45 a.m. — 8 jurors have knowledge of case; only one said formed opinion, couldn't change.
9:27 a.m. — 12 potential jurors in box for voire dire, or jury questioning; Blackwood's asks who has read or heard about case
9:24 a.m. — Judge Jon Kerry Blackwood presiding; Gene Scott represents Smith, Jerry Fabus represents Stephens; Debbie Lonon represents McGraw.
9:22 a.m. — 1/2/12 incident that started with a robbery, led to a police pursuit and ended with Deputy Gary Daugherty being hit.
9:18 a.m. — Dalvin Stephens,Reginald Dewayne Smith, Ashley Nicole McGraw, charged with attempt1st degree murder, attempt robbery.
9:15 a.m. —  Two jury panels have been called in for jury selection, which just started.
Dalvin Stephens, 20; Reginald Dewayne Smith, 43; and Ashley Nicole McGraw, 19, all of Johnson City, are charged with attempted first-degree murder and attempted aggravated robbery.
Smith faces additional charges of unlawful possession of a weapon and tampering with evidence. Stephens faces additional charges of reckless endangerment, evading arrest and leaving the scene of an accident involving injuries.
The charges stem from a Jan. 2, 2012, incident that police say started with a robbery, led to a police pursuit and ended with Deputy Gary Daugherty being hit by the car driven by Stephens.
The trial was last scheduled to begin in January, but was delayed because the state thought it was missing a witness. It turned out that the man in question, Daniel Hylmon, was in custody at the Washington County Detention Center after he turned himself in on a violation of probation charge. the same day as the hearing to continue the trial.

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