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Verdict: 3 accused of hitting deputy guilty of attempted aggravated robbery, felony reckless endangerment with a deadly weapon

May 8th, 2013 9:26 am by Becky Campbell

Verdict: 3 accused of hitting deputy guilty of attempted aggravated robbery, felony reckless endangerment with a deadly weapon

Editor's Note: Press Staff Writer Becky Campbell is reporting live from the trial at the Jaynes Justice Center in Jonesborough. Follow her on Twitter @CampbellinCourt.
5:58 p.m. sentencing june 10, McGraw can remain free on bond.
5:53 p.m. - Jury foreman says all three guilty of two counts of attempted aggravated robbery and all three guilty of felony reckless endangerment with a deadly weapon.
5:50 p.m. - Judge just took the bench; there are at least a dozen or more sheriff's office employees in the audience, including Daugherty and Sheriff Ed Graybeal
5:41 p.m. - Jury has been out in deliberations since 12:50 p.m.
5:34 p.m. - Jury has reached a verdict, but the panel hasn't come into the courtroom yet; everyone else is assembling.
3:50 p.m. - Jurors wanted to see videos in regular speed and in slow motion; panel has gone back to deliberations.
3:46 p.m. - jury asks for video to be slowed down and stopped five seconds before the car hit Daugherty.
3:40 p.m. - Jury wants to see video from Sgt. Lee Cross' cruiser and the video from Officer Gary Daugherty's cruiser.
3:33 p.m. - The courtroom has been locked since lunch; jury wants to see one of the videos again so court personnel is getting all that set up.
12:43 p.m. - Judge dismisses the alternate; rest of panel can begin deliberations during lunch or after they eat, judge says it's their choice but the can't stop until the alternate leaves the jury room.
12:43 p.m. - Clark finishes; defense asks to approach the bench.
12:42 p.m. - Clark: 'This isn't about sympathy, it's about the law, criminal responsibility for one another."
12:41 p.m. Clark: after all Daugherty went through "he wanted to come back to work to serve this county."
12:39 p.m. - Clark: officer was thrown 77 feet from where he was hit.
12:38 p.m. - Clark reminds jurors about what jail officer heard Stephens say in the jail two weeks later:' (Expletive) the police .(Expletive)the police. That's why I ran one of them over.'
12:37 p.m. - Clark: He made that decision to swerve in that other lane and hit one of our officers. He made that decision.
12:36 p.m. - Clark: Stephens made a conscious decision to swerve over and hit that officer; he went on and didn't stop until he hit a tree, then they all got out and started running.
12:25 p.m. - Clark said if Hylmon and McElyea really had drugs, were dealing drugs, the last thing they would do is call the police.
12:21 p.m. - Clark said Hylmon and McElyea were being threatened to be killed, reasonable to think description of gun mistaken.
12:20 p.m. - Clark: did that sound to you like it was made up? you could hear the fear of the voice of the person who called 911. if it was made up, there was no robbery.
12:14 p.m. - McElyea on call: he stuck the gun right between the eyes of my roommate; he was wearing all black; gun looked like a 9 mm; got into an older model Cavalier.
12:13 p.m. - Clark plays 911 call again for jury; McElyea tells 911 dispatcher a black dude came in with a gun, asking for weed and money then drove away; "some random black man came into my house and pointed a gun in my face."
12:10 p.m. - Judge will let the state do their final argument before breaking for lunch, which is the jury's decision; DA Tony Clark promises panel he'll be short.
12:04 p.m. - Scott: Stephens swerved, he tried to miss officer; it's not premeditated murder; video is "clearly obvious he's trying to turn and go behind him."
11:57 a.m. - Smith had no control over what Stephens was going to do while Stephens was driving the car, Scott says.
11:56 a.m. - Scott said this is a hard case, said he knows a lot of Washington County deputies, considers them friends; said Daugherty didn't deserve to get hit; "but it's not his fault he was hit."
11:54 a.m. - Scott shows jury the gun, reminds McElyea said the bolt part, where the shell is ejected, was silver; the gun prosecutors said was found along the road and used in the robbery is all black.
11:52 a.m. - Scott shows jury again the photos of posters of marijuana in McElyea and Hylmon's residence, says "draw your own conclusion," about what the two said about not using drugs.
11:50 a.m. - Scott reminds McElyea admitted he'd been convicted of possession of Schedule II druge, but also quickly pointed out McElyea said it wasn't cocaine.
11:50 a.m. - Scott tells jury he had presented the photos of Hylmon and McElyea's residence to show that it was not left in disarray as if there had been a robbery.
11:48 a.m. - Scott says he's not the best lawyer in the room, but "it took me about three minutes to catch McElyea in a lie."
11:45 a.m. - Scott has reminded jury that Baldwin questioned Smith about 30 minutes on where he kept his money, about his rental car, about getting gas in McGraw's car; says Baldwin tried to trip Smith up, catch him in a lie but says that never happened.
11:45 a.m. - Attorney Gene Scott has been giving his closing arguments about 10 minutes; more technical problems today.
11:24 a.m.:Fabus talks to jury about the photos attorney Gene Scott had presented yesterday showing the inside of McElyea and Hylmon's residence - they told police that Smith went through drawers, etc; Fabus said photos show the place was not ransacked.
11:15 p.m. - Stephens' attorney, Jerry Fabus, has his shot at closings; reminds jury his client already pleaded guilty to driving on a suspended license and evading arrest and that judge already dismissed the conspiracy charge against all three defendants.
11:05 a.m. - Lonon finishes up; attorneys ask to approach the bench, judge takes short recess.
11:00 a.m.- Lonon: Smith set this in motion; "I'm not saying Officer Daugherty did anything wrong. Unfortunately his recklessness injured, severely injured Officer Daugherty, who was only out there doing his job, trying to keep the streets safe."
10:58 a.m. - Lonon said if jury convicts Stephens of attempted murder, in order to find McGraw guilty of that they must find that she knew what was going to happen.
10:57 p.m. - Lonon talks about photographs of Officer Daugherty throwing out the spike strips, says it shows Daugherty with weight on left leg and on his toes of right foot going in a forward motion; says Stephens had to know Daugherty was going to step back.
10:54 a.m. - Lonon reminds jury Officer Moore ordered McGraw belly down, she refused because she was pregnant, told him to not point his gun at her; McGraw finally submitted; Moore later heard on video "she had the audacity to tell me to not point my gun at her."
10:53 a.m. - Lonon talks about video from deputies video from when the 3 were arrested; said McGraw was walking; Officer Moore said she was standing in the driveway - asked if she lived there, she lied to him; he asked if she was with them, she said yes.
10:50 a.m. - Lonon said McGraw's car was used, she was "physically present." but to find her guilty of the robbery, jury must find Smith guilty of that and then determine that McGraw knew what was going to happen. "There's no proof that she knew anything."
10:46 a.m. - Ashley McGraw's attorney, Debbie Lonon, starts her closings, says it's most exciting part of a trial for her, but also scary because she's afraid she could forget something and she gets only one shot at this.
10:45 a.m. - Baldwin: she lied about living at the house where offficers foudn her; "Innocent people don't lie, guilty people lie."
10:44 - Baldwin said it was McGraw's choice to allow Stephens to use there car; "a person who's just there doesn't act like she did at the the end of the thing. It's finally her chance to act innocent. What does she do? She runs."
10:41 a.m. - Jury must decide state has proven intent, with premeditation and knowingly iin order to convict the three of attempted first-degree murder; Baldwin said the state has done that.
10:35 a.m. - Baldwin: Do any of you believe they didn't know he didn't have a gun. They were a close knit group.
10:27 a.m. - Baldwin tells jury to "listen to that 911 tape" and decide if it's an act.
10:24 p.m. Baldwin repeats "improbable" that the three would go there, Smith would only have $50 because he says that's what 1/8 ounce costs, just so happens that's what McElyea would charge.
10:21 a.m. - "he wants you to believe" they would take a car that needed gas when Smith's car had has, then go to Sand Valley Road where Dalvin Stephens had stolen marijuana from someone at that same location.
10:19 a.m. -- Baldwin talks about Smith's testimony about his rental vehicle having "plenty of gas in it," then he drives 10-15 miles to Ashley McGraw's house; that the 3 decide to take McGraw's car that needed gas.
10:16 a.m. - Baldwin said the question is if Smith made "improbable, unbelievable statements." He's talking about Smith's decision to buy marijuana that day, that $50 he kept in his mattress and "not in his wallet in the car," would be the price of the pot.
10:16 a.m. - Asst. DA Ken Baldwin begins the state's first part of closing arguments; talks about using common sense when considering credibility of Reginald Smith when he testified.
10:14 a.m. - Defense has asked for acquittal on attempted robbery charge based on no violence committed; judge will reserve that ruling after jury has returned verdict.
10:13 a.m. - A few delays in the trial getting started; first, Judge Blackwood took a plea in an unrelated case; jury has heard jury instructions first, now closing arguments are about to start.
9:03 a.m. — Trial of 3 charged with running down deputy last year about to get 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 faced additional charges of unlawful possession of a weapon and tampering with evidence for allegedly throwing out the gun. That charge was dismissed by Judge Jon Kerry Blackwood after he determined the state's evidence failed to prove it. Stephens faced additional charges of reckless endangerment, evading arrest, violation of driver's license law and leaving the scene of an accident involving injuries. At the beginning of the trial, he pleaded not guilty to all charges except leaving the scene of an accident and the no driver's license charge.
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 three were also charged with conspiracy to commit a felony, but Blackwood threw that charge out after ruling the state had not proven there was a decision among the defendants to commit any of the crimes. He also dismissed a tampering with evidence charge against Smith after determining the state had not proved Smith threw out a gun supposedly used in the alleged robbery at 310 Sand Valley Road.
On day two of the trial Tuesday, Daugherty testified that he wasn’t sure he “was going to make it,” last year when the car mowed him down as he attempted to throw out a spike strip.
Daugherty, who was out of work 13 months, testified emotionally at times about the injuries he suffered — particularly when viewing photographs of the crash and of himself in the hospital.
In addition to hearing from Daugherty, the jury also heard testimony from Stephens and Smith.
Stephens told the jury he took Smith to the Sand Valley Road residence so Smith could buy marijuana. He said he had no knowledge of any weapon Smith could have had, which Eric McElyea and Daniel Hylmon, had testified about on Monday. They said Smith came into their home on Sand Valley Road with a gun and demanded money and drugs, although they claimed to have none.
Stephens also testified he fled from officers because he had no driver’s license, was on misdemeanor probation and didn’t want to go to jail. He said he never intended to hit Daugherty and even apologized to the deputy from the witness stand.
Smith testified that he did, indeed, go into 310 Sand Valley Road and purchase marijuana for $50, but he threw it out the window after officers started pursing Stephens.
But several officers testified it was a handgun Smith threw out of the car, and one was located not far from where Daugherty was hit.

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