GUILTY GA - Eight family members brutally murdered in Brunswick home, 29 Aug 2009

[popsicle]

11:21 a.m.

Ronald Parker testified that on Aug. 29, 2009, he worked at AeroInstant, a facility adjacent to New Hope Mobile Home Park where Russell Toler Sr. and other family members had worked.

Parker said he was around Guy Heinze Jr. and that he had complained that his father was going to give money to victim Joseph West for a shrimp boat and money for a truck to someone else.

"He said,"He ain't never give me and my borther anything. I'm going to kill him. I'm going to kill 'em all,'' Parker testified.

Toler Jr. and Heinze got into a "little tussle'' at the factory over Toler Jr.'s car, but Toler Sr. arrived and calmed them down, Parker testified.

That happened three to five weeks before the deaths, he said.

When defense lawyer Newell Hamilton Jr. asked when he was interviewed by police, he testified he didn't keep up with the dates.

Parker repeated he observed the fight between Toler Jr. and Heinze.

Hamilton asked Parker if he would be surprised to learned that Heinze's last day of employment was about a year before the deaths.

"When he told me he was going to kill them, I was working on a tool box for the plant,'' said Parker, who no longer works there.

Heinze also said that victim Chrissy Toler was setting him up with a girl from Alabama and that if the girl didn't have sex with him that he would beat to death Chrissy and the Alabama girl.

"I told him you can't be doing that,'' Parker testified.

When he told Toler Sr., his reaction was "He's just talking,'' Parker said.

When his wife awoke him Aug. 29 and told him about the deaths, Parker testified "I said Lord have mercy."

Parker said his dates may be off, but he did not recant what he had observed.
Other witnesses have said Heinze was building houses about the time Parker claimed to have heard Heinze's threats and witnessed the fight.

Parker said he and others had been laid off when the slayings occurred.

When he heard about it, "I was quick to say he did that ... because he's clever enough to have did that."

Hamilton accused Parker of lying.

"You're coming into this courtroom and making this up,'' to get your 15 minutes of fame and be on that camera right there, Hamilton said pointing to TV cameras.

Parker then said he was a traveling preacher.

Judge Stephen Scarlett called a recess for lunch.


Read more at Jacksonville.com: http://jacksonville.com/news/crime/...nalty-murder-case-resumes-after#ixzz2iN5jtgw1

 

[Soulmagent]

T.V Camera's?

What ?!!!

Someone please tell me why they have TV camera's and no TV is showing anything?

 

[oceanblueeyes]

T.V Camera's?

What ?!!!

Someone please tell me why they have TV camera's and no TV is showing anything?

I asked myself the same question Soul.

I have seen some snippets of videos from inside the courtroom. I saw one when the defense got up to do the add-on in his opening statements.

Strange but maybe they thought they wouldn't get many on line viewers. But I think if it had been on line each day this case would have gotten way more attention than it is getting.

IMO

 

[oceanblueeyes]

I am not shocked by today's testimony.

I had suspected all along that greed had been a part of this evil man's motive.

But Rusty Sr/family and Guy Sr. had always been close and shared everything they had.

25K to a poor man would be a lot of crack Jr could buy and he could party hardy for awhile and lay up stoned and not have to work.

IMO

 

[Peliman]

T.V Camera's?

What ?!!!

Someone please tell me why they have TV camera's and no TV is showing anything?

In Georgia a news organization first has to seek permission from the judge to have cameras in the court room. If the judge does allow cameras it may come with a long list of restrictions by which they are permitted to tape or broadcast. It maybe being used by news organizations to only use the video to check for accuracy's in written news stories.

Take it from a former Georgia News videographer who has stood in parking lots all day to get video of a defendant going in or leaving another county court house.

Hah, better yet get that video from a court house that has 4 entrances and exits. lol

 

[popsicle]

1:20 p.m.

Clint Rowe, the uncle of some of the Toler children, said that Russell Toler Jr. had worked for him six to eight weeks and that he had seen him Aug. 28, 2009.
Testifying in Guy Heinze Jr.s death penalty murder trial Monday afternoon, Rowe said, "I gave him a paycheck of $240."

Glynn County police Lt. William Daras testified last week that he believed that Heinze killed his father and seven others at New Hope Mobile Home Park Aug. 29, 2009, to get the narcotic prescription medication of one of the victims and to take all the money in the house.

Rowe said he identified the bodies of the victims at a funeral home but that he had to rely on the tattoos on a couple of them.

Rowe said he knew all the Toler children from their coming to visit their grandmother on Earl Davis Road in McIntosh County next door to where he and his wife live.

As others have testified, Rowe said that Russell Toler Jr. was proud of his Mercury Cougar and seldom let anyone else drive it. He let Guy Heinze Sr. drive it once to meet with a lawyer about a law suit.

Asked he believed Henize and Russell Toler Jr. were friends, Rowe said "I had no idea."
He acknowleged under cross-examination that Guy Heinze Sr., Guy Heinze Jr. and Russell Toler Sr. had spoken of plans to move into a mobile home together.

Victim Joseph West's older brother, Otis West, said he last say "Little Joe" the night before he was killed.

He got off work early that Friday night and had stopped at a convenience store to pick up some items his wife wanted.

When he was in the store, Joe West, his girlfriend Chrissy Toler, her son Byron Jimerson and sister Michelle Toler came into the store. All but Byron were beaten to death in the home, witnesses said.

"It was ... 11, 11:30 [p.m.] at the most, at the latest,'' he testifie2
Otis West said Byron came up to him and "I gave him $2.''

Asked what Joseph West did for a living, Otis West testified he did odd jobs, scrapped, mowed lawns and that he and his father owned a shrimp boat together.

West identified himself on video camera images as he entered the Friendly Express. He then identified Byron as he came in the store, then his brother followed by Michelle Toler, 15. Chrissy Toler walked into the store last at 11:32 p.m.

"He had money on him. Him and Daddy had just filled the boat up,'' Otis West testified under cross examination.

"We never filled it all the way up. ... Everytime we went to that dock it cost $1,200 to $1,500,'' he testified.

But he guaranteed that his father and brother would never spend all their money on fuel when they may not catch any shrimp.

"I couldn't tell you how much he had in his pocket then,'' he told defense lawyer Newell Hamilton. "But I know my brother. I guarantee you it was more than $5."

Gloria Jimerson, the grandmother of Byron Jimerson, 7, testified that he was living with his mother, Chrissy Toler, when he was badly injured.

He was transferred to a hospital in Savannah where she visited any time she wasn't working.

"I didn't spend no nights at home,'' she said.

He was on a respirator at least a month, and when they took him off, "He was like a newborn baby. He had to learn everything over again... He was three years old at that time,'' she testified.

He went from Savannah to a rehabilitation in Atlanta where, she said, he had to learn to walk, use the bathroom and other things.

Jimerson, who has custody of Byron, said he has a scar on one side of his head.


Read more at Jacksonville.com: http://jacksonville.com/news/crime/...nalty-murder-case-resumes-after#ixzz2iNWInL4o

 

[oceanblueeyes]

In Georgia a news organization first has to seek permission from the judge to have cameras in the court room. If the judge does allow cameras it may come with a long list of restrictions by which they are permitted to tape or broadcast. It maybe being used by news organizations to only use the video to check for accuracy's in written news stories.

Take it from a former Georgia News videographer who has stood in parking lots all day to get video of a defendant going in or leaving another county court house.

Hah, better yet get that video from a court house that has 4 entrances and exits. lol

Thanks.

I do remember when the first Judge had this case and she said she would allow cameras in the courtroom. Since the defense team is trying to disparage a witness by saying they are seeking the limelight because of the cameras in the courtroom it is odd this trial is not being viewed live on line.

Its also odd because if it is not being viewed by the public at large then how can this man be seeking anything..... leaving me to believe the defense attorney is trying to fool the jury into believing this case is being aired on line live or in the media when it isn't. Just another trick he is trying to play imo.

IMO

 

[Peliman]

Thanks.

I do remember when the first Judge had this case and she said she would allow cameras in the courtroom. Since the defense team is trying to disparage a witness by saying they are seeking the limelight because of the cameras in the courtroom it is odd this trial is not being viewed live on line.

Its also odd because if it is not being viewed by the public at large then how can this man be seeking anything..... leaving me to believe the defense attorney is trying to fool the jury into believing this case is being aired on line live or in the media when it isn't. Just another trick he is trying to play imo.

IMO

I'll check more when I get home from the store. The news may have stories on the trial at the 6pm news but I don't know what the judges restrictions are ATM. This story has two main markets which news might cover, jacksonville and savannah. It would require a satellite truck to broadcast back to the stations if it were live.

The photojournalist will bring the video tape back to the station at the end of the day for a story and editing. The story likely will not be longer than 1 min 30 seconds for airtime on the 6pm news.

The only other way to broadcast this trial live is with a smart phone streaming video from the court room and I doubt the judge would allow it.

I'll check UStream and post a little later if I find something. Short clips possibly could get uploaded to stations for news clips, unknown.

 

[popsicle]

1:48

Assistant District Attorney John B. Johnson announced that the prosecution will rest its case in Guy Heinze Jr.s' death penalty murder case as soon as the jury returns from a recess.

He also wants the charge of aggravated assault dismissed in the beating of the 3-year-old Byron Jimerson and on two drug charges.

While the jury is out, defense lawyer Newell Hamilton Jr. is asking for a directed verdict of acquittal on all eight murder charges, which is typical in most criminal cases.


Read more at Jacksonville.com: http://jacksonville.com/news/crime/...eard-guy-heinze-jr-say-ill-kill#ixzz2iNjRJBcN

 

[popsicle]

I was checking in on the Sean Taylor trial (redskins player murdered 5 yrs ago in FL).. the camera showed the jury. oops

 

[popsicle]

2:12 p.m.

In arguing for a directed verdict, defense lawyer Newell Hamiton Jr. said that the state has not presented evidence that proves beyond a reasonable doubt that Guy Heinze Jr. killed the eight victims.

"There has been testimony these crimes could have been committed by others,'' Hamilton argued.

Investigators didn't pursue all leads in the case, that there were breaks in the chain of custody for evidence, that cross-contamination occurred at the crime scene and that not all the blood evidence was collected for analysis, he argued.

"That alone is evidence enough of another perpretrator being present,'' Hamilton argued.
There was no blood on the car Heinze was driving and police made no attempt to find blood on his hands although they had ample opportunity, he said.

Under the law, in circumstantial cases, prosecutors have to rule out all other hypotheses and excluded other suspects and the hasn't happened, Hamilton argued.

Assistant District Attorney John B. Johnson ackowledged that the case is circumstantial, but said the state had presented facts and that it is a question for the jury.

The defendant has admitted smoking marijuana and the marijuana was in a car that he admittedly had total control of since midnight, Johnson said.

Hamilton said it is true that Heinze had drugs in his system but the state hadn't shown that the drugs in his system came from victim Michael Toler's Darvocet prescription or the marijuana found in Russell Toler Jr.'s car.


Read more at Jacksonville.com: http://jacksonville.com/news/crime/...eard-guy-heinze-jr-say-ill-kill#ixzz2iNnrZchd

 

[oceanblueeyes]

I was checking in on the Sean Taylor trial (redskins player murdered 5 yrs ago in FL).. the camera showed the jury. oops

I think in some states the jury is not shielded from view. I have seen Florida jurors before but they don't do it in Georgia or most states. I have seen them not show the jury though in some Florida cases if it is high profile.

IMO

 

[popsicle]

It will be interesting to see what the defense brings. I think the defense lawyer did a good job on his cross of the witnesses. jmo Though I think the prosecution proved their case.

 

[Evan's Mom]

I have always felt the worst thing that showed such tremendous guilt was taking the time to put the shotgun in the vehicle while his whole family lay dead inside and before seeking help. If the jurors are reasonable minded people they would know no one would do that when they have just seen their entire family wiped out in the worst possible way. And on top of that the gun was not stolen. If anyone stole it ........it was GHjr when he took Rusty Sr's gun out of his home and hid it in the trunk.



JMO though

I agree with most of what you are saying and I firmly believe LE has the right man.
However, as someone that grew up pretty poor in a small house with parents that did drugs and partied, my sisters and I were trained from a very early age to hide anything that wasn't legal. It was just automatic for us to start hiding anything that could get anyone in trouble. It didn't matter if it was cops coming to the house or just someone that wasn't "cool".
Now I bring this up because when we were 9, 7, and 4 years old, one of my sisters was shot by our babysitter on accident(she lived).
Our parents weren't even in town and my first thought as a nine year old was to scan the house to make sure there were no joint roaches or anything else laying around that the cops could find when they showed up. I know that's a huge difference in circumstances, I'm just saying that sometimes you do things and it's automatic because that's what you know.

 

[popsicle]

3 p.m.

On Aug. 28 and 29, 2009, the weekend that New Hope Mobile Home Park tenant Russell D. Toler Jr. and seven others were beaten to death in Toler's home, Gail Montgomery Priest testified she was the property manager.

She observed officers as they went in and out of the Toler home and another vacant one they used for storage of evidence, she testifed Monday as the first defense witness in Guy Heinze Jr.'s death penalty murder trial.

In September, a maintenance worker found what appeared to be homemade nunchucks in a tire leaning against the trailer used for storage, Priest testified. Glynn County investigator Mike Owens picked up from her.

She said that the state had basically called her a liar.

The jury was played a recording of Priest's call to report the finding. She testified there were two five-inch pieces of pipe linked with an S-hook. The device appeared to have hair and blood on it and there were some fishing sinkers inside one of the pipes.
"It looked like somebody had tried to make some nunchucks ...,'' she said.

District Attorney Jackie Johnson asked about the video surveillance from the park with four camera angles.

"Does it do anything to identify whoever did this killing?'' Johnson asked.
"No, ma'am,'' she said.

Johnson asked about Buddy, the Tolers' bull mastiff, that would sometimes let people pet him then bite them when they turned around.

"He bit my daughter and, one day, he nailed me at the mailboxes,'' Priest said.

Of victim Brenda Gail Falagan, Priest said she had had a stroke and had trouble getting around.

Mike Nixon called and told her everyone in the Toler home was dead, so she called 911, Priest said.

The word passed along to her was that they had been beaten, Priest testified.
She last saw Guy Heinze Jr. when he walked past her house and his hair was full, she said.

The Tolers were under dispossessory because there were too many people in the home, they hadn't paid their rent and they didn't keep up the property, she testified.


Read more at Jacksonville.com: http://jacksonville.com/news/crime/...eard-guy-heinze-jr-say-ill-kill#ixzz2iNxQkP00

 

[oceanblueeyes]

I agree with most of what you are saying and I firmly believe LE has the right man.
However, as someone that grew up pretty poor in a small house with parents that did drugs and partied, my sisters and I were trained from a very early age to hide anything that wasn't legal. It was just automatic for us to start hiding anything that could get anyone in trouble. It didn't matter if it was cops coming to the house or just someone that wasn't "cool".
Now I bring this up because when we were 9, 7, and 4 years old, one of my sisters was shot by our babysitter on accident(she lived).
Our parents weren't even in town and my first thought as a nine year old was to scan the house to make sure there were no joint roaches or anything else laying around that the cops could find when they showed up. I know that's a huge difference in circumstances, I'm just saying that sometimes you do things and it's automatic because that's what you know.

I am sorry you had to go through those difficult days and I am glad they are behind you but here in this case it is very different, imo. The crack user in that house was GHjr.

Heinz Jr did not buy the gun for $25 as he told LE and telling them he knew it was hot when he bought it. The truth of the matter is the gun wasn't stolen and he knew it. Rusty Sr and Guy Sr. had been together ever since they left the orphan home. Rusty purchased this gun legally in September 1985. GHjr knew this gun wasn't stolen and knew it was kept in Michael's closet along with the other shotgun.

There was only one reason to hide this gun that wasn't stolen and that was because it had the blood of one of his victims on it. Just like they never found the barrel to the other shotgun which he used to beat almost all of his victims to death with. It was most likely tossed in the water somewhere over on St. Simons Island when he went there that night.

IMO

 

[joe jones]

prosecution has rested

 

[popsicle]

3:58 p.m.

Guy Heinze Jr. was a model employee who always appeared for work and wanted to work weekends, his former boss testified Monday in his death penalty murder trial.

"One of my better employees, as a matter of fact,'' Richard Matjazic testified. "When I lost him, I had to hire two to replace him.''

Matjazic said he, his son and Heinze framed houses.

"We built them quick,'' he said.

Matjazic said that Guy Heinze Sr. had won a judgement in court and gotten back a mobile home that he had formerly lived in in Darien. The senior Heinze had also won a monetary judgement but unsure if he would ever collect it.

"At least they had gotten the trailer back,'' and were rehabbing it and preparing to move into it, Matjazic testified.

McIntosh County court records show that a judge ruled that the owner of a mobile home park had not filed the proper paperwork before removing the furnishings from a home Heinze Sr. had abandoned in his park. The judge ordered that the trailer be returned to Heinze and that he be compensated for the loss of his property although the judge only awarded half of what he asked for.

The judgment was under appeal when Guy Heinze Sr. was slain.

Judge Stephen Scarlett recessed court until about 5:40 to give a defense expert witness time to get to court.


Read more at Jacksonville.com: http://jacksonville.com/news/crime/...eard-guy-heinze-jr-say-ill-kill#ixzz2iO9Jw1kh

 

[Soulmagent]

I don't think it is beyond reasonable doubt. No phone ping evidence was submitted .

No other phone records and why wasn't the amount Joe made investigated. No evidence submitted on the alledged crack which is huge . The motive mentioned in court is BS ,IMO for a reason . Crack probably is a more likely motive and LE seems to act as if it wasn't a factor in this crime ,they said Darvocet so it seems they avoided investigating that or may have but it wasn't going where they wanted it to.

The knive being found in the couch is good but they couldn't tie it to hienze .
The bloody cell phone was great ,until we find no one tested guys hands for blood . So he could have used it after being in the house. No pings to place it away fro the house or at the scene (unless we just didn't see that put)

The 3 spots of blood on the Gym shorts are not enough for me to think it is beyond a doubt.

 

[oceanblueeyes]

Surely they are through for the day.

I think Terry Dickson gets some things mixed up sometime.

Just like he said the DA asked to dismiss the aggravated assault charges concerning Byron and the two drug charges. Why would the DA want to do that when there has been testimony entered about Byron being attacked and his struggle to rehabilitate after the horrible injuries he suffered to his brain?

It seems much more logical that the defense attorney asked for those charges to be dropped along with him asking for a directed verdict on the 8 murders, which he did not get.

IMO