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Defense presents case in deputy hit case; two defendants take stand.

May 7th, 2013 10:23 am by Becky Campbell

Defense presents case in deputy hit case; two defendants take stand.

Editor's Note: Press Staff Writer Becky Campbell is reporting from the trial at the Jaynes Justice Center in Jonesborough, Internet troubles at the center have prevented her from posting live updates today.
5:03 p.m. - Defense for Smith rests. Judge will recess until tomorrow.
5:02 p.m. - Scott clarifies McEleya's statement that the gun had silver on it; McElyea said that's what he told officers.
5:01 p.m. - Cross examination, McElyea said he was "terrified" when Smith came into his house pointing a gun at him;
4:56 p.m. - Scott shows McElyea the gun in evidence; McElyea said it looks like the same gun, but acknowledged it's black and he though he saw silver.
4:55 p.m. - Scott asks McElyea color of gun he said Smith pulled on him; "black with silver," had silver where bullet comes out. "That's where I was looking. I seen silver in it."
4:54 p.m. - Gene Scott calls Eric McElyea back to the stand.
4:42 p.m. - Smith's done; judge takes a short recess.
4:38 p.m. - Baldwin is hammering Smith on going to the Sand Valley Road residence, buying marijuana, about Stephens ripping off the guy at the same location the previous year.
4:27 p.m. - Smith said he had not intended to share the marijuana with McGraw and Stephens; had planned to go home, put it away and go eat with his daughter.
4:25 p.m. - Smith testifies he's bought marijuana a lot of times in his life; usually pays $50 for 3.5 grams so that's all the money he had with him.
4:22 p.m. - Baldwin asking Smith about the property he had on him - wallet, keys to a rental car, photo ID; not sure where this is going.
4:16 p.m. - Baldwin asks Smith how many guns he's seen in his life; Smith says not many; Baldwin is trying to correlate the black gun officers found on the side of the road with what McElyea said Smith said in the robbery; Smith said he hasn't used a gun in 16 years.
4:14 p.m. - DA Ken Baldwin will cross examine Smith; shows Smith the gun, "this is not your gun."
4:14 p.m. - Smith said he thought "they was gonna start shooting at the car," so he ran from the car. "I knew the officer was hit bad."
4:13 p.m. - Smith said he got scared when the officer turned around so he threw the marijuana out the window.
4:11 p.m. - Smith said he was only inside about 3 minutes; bought marijuana then left.
4:09 p.m. - Smith said wanted to find weed that day, Jan. 2, 2012; Stephens took him to Sand Valley Road; Smith said he had money, $50 with him; McElyea took him to back bedroom; Smith denies having a gun.
4:07 p.m. - Scott calls his client, Reginald Smith, to the stand.
3:58 p.m. - Scott is presenting a series of photos taken at 310 Sand Valley Road, where the robbery supposedly occurred; not sure what his angle is on this.
3:46 p.m. - Stephens' attorney rests his case; Gene Scott calls Sgt. Sam Phillips back to the stand. He testified earlier during the state's case.
3:42 p.m.- Stephens said he tried to avoid the spike strips and Daugherty; acknowledged he made no attempt to stop, and then continued on until he hit a tree.
3:39 p.m. - Cross examination by DA Tony Clark; Stephens said he believed Smith bought marijuana, but he never saw it; also he never saw a weapon.
3:37 p.m. - Stephens said he didn't known until he heard Daugherty testify how bad the officer was injured; he apologized to Daugherty from the witness stand.
3:36 p.m. - Stephens said he was on suicide watch at the jail for about a week; does not remember saying he had tried to kill the officer.
3:33 p.m. - Stephens said he saw Daugherty trying to put out the spike strips, didn't try to hit him on purpose.
3:31 p.m. - Stephens said he drove away and headed back to Johnson City, then saw a cop pass him and turn around, turn on blue lights. "I panicked and took off. I was already on misdemeanor probation and I was driving without a license," said he didn't want to go to jail.
3:29 p.m. - Stephens said he didn't go inside the house because he had previously "ripped off a dude named Joe" of some marijuana; said McElyea and Hylmon were both there that day.
3:29 p.m. - Stephens said he didn't know anything about a gun; Smith went to the door of residence, returned and got back into car.
3:26 p.m. - Stephens said Smith came to his residence Jan. 2. 2012 and asked if he had weed; Stephens said he knew where to go get it. Stephens said he had bought marijuana three or four times at that location in the past.
3:25 p.m. - Dalvin Stephens on stand; says he's 20 years old, was 19 in January 2012; he and McGraw have a child together; has known McGraw and Smith about 8 years.
3:12 p.m. - Judge sends jury out; instructs officers to take Stephens and Smith out to remove the leg braces they're wearing that's designed to prevent a potential escape. Jurors are not supposed to see the defendants in any type of restraints, but Blackwood is the first judge who has done this in this district.
3:10 p.m. - Defendant McGraw rests case; Stephens will take the stand first.
3:00 p.m. - Defense says Stephens and Smith will testify, McGraw will not; jury is currently looking at the photos from Daugherty getting hit, showing what she believes is him getting tangled in the spike strip.
2:38 p.m. Judge takes recess, then he'll question defendants about their decision to testify or not.
2:35 p.m. - Judge Blackwood dismisses conspiracy count, rules there was no planning among the three prior to the incident; also dismisses tampering with evidence against Smith in which he was accused if throwing the gun out; state didn't prove he did it.
2:28 p.m. - District Attorney General Tony Clark says Stephens gave statement that he saw Daugherty, saw the spike strips, to avoid them "he hit a person."
2:27 p.m. - Lonon said there's nothing a passenger can do to safety stop a vehicle.
2:26 p.m. - Lonon said for it to be premeditated, Stephens would have had to know of the training for the officer to retreat; says evidence doesn't support any conviction for her client, McGraw, to be criminally responsible for the driver.
2:24 p.m. - Defense attorney Jerry Fabus seconds Scotts motion for his own client.
2:21 p.m. - Defense attorney Gene Scott asks for motion of acquittal for his client;
2:20 p.m. - State rests it's case; judge takes recess for the jury.
2:19 p.m. - Daugherty said he didn't get tangled, stepped back to retreat and provide exit avenue for the driver.
2:17 p.m .- Lonon asks Daugherty if his feet got tangled up in the spike strips, if he took steps backwards. Daugherty is getting emotional on the stand looking at the photos.
2:14 p.m. - Cross examination by attorney Debbie Lonon; she's having the video played again to ask Daugherty about the spike strips and how they got tangled.
2:00 p.m. - Daugherty said he was out of work 13 months recovering, just went back to work 3 months ago..
1:58 p.m. - Daugherty said he asked EMS if he was going to make it; jury can't hear what the paramedic said back, but Daugherty said he wasn't sure he'd live.
1:58 p.m. - Daugherty says he had his body was so traumatized that his stomach had to be pumped out.
1:54 p.m. - Daugherty tells jury about his injuries - head injury, broken right leg, shattered right elbow.
1:52 p.m.- Daugherty: The first thing i remember saying was 'I can't see" because of the blood in my eyes.
1:40 p.m. - Internet is just now back up; Deputy Gary Daugherty just took the stand, testifying about responding to the vehicle fleeing from the reported armed robbery.
1:42 p.m. - Daugherty testifies he remembers getting hit, but nothing else until he woke up on the ground.
1:46 p.m. - Prosecutors are now playing the video from Daugherty's cruiser as he approaches the area where he pulled off to deploy the stop sticks.
Jurors in the attempted murder trial of three people this morning have been shown video of Washington County Sheriff's Office deputy Gary Daugherty being struck by a car and tumbling through the air.
The three are accused of running down the deputy more than a year ago as they tried to flee a robbery scene.
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 Daugherty being hit by the car driven by Stephens.
On Monday, the jury heard testimony from Eric McElyea and Daniel Hylmon, the two men who said Smith came into their home on Sand Valley Road with a gun and demanded money and drugs.
Smith eventually left with neither. McElyea and Hylmon got a description of the vehicle Smith got into and called 911.
Deputy Lee Cross got behind the car, a red Cavalier, and attempted to stop it on Highway 81S. Cross testified Monday that he was in radio contact with Daugherty, who had set up to throw out spike strips in an attempt to flatten the vehicle’s tires.
But as the vehicle approached Daugherty’s position as the officer was throwing out the strip, the vehicle veered to the left and hit Daugherty.
Smith’s defense attorney, Jerry Fabus, contends his client was actually trying to miss the strip and Daugherty when the officers stumbled back and into the path of the car.

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