GUILTY OH - David Williams, 27, shot to death, Cleveland, 7 April 2010

[Betty P]

Character witnesses testifying now, going quicker. Prosecution pointing out that CW's were not at the scene and reminding jury that Warmus never mentioned self-defense to police.

Warmus may take the stand after lunch.

http://twitter.com/PhilTrexler?gser

 

[Betty P]

Betty, do you know where you read or saw that Williams is bi-racial? I haven't been able to find anything to support that. I've seen pictures of him with his son (not sure if it's his biological son or stepson, or perhaps his girlfriend's child -not sure if he was married to her or not) and that child could be bi-racial, but I wouldn't say that about Williams if all I had to go on was his appearance.

I've been checking the PD archives and haven't found anything. I may have read it in the comments section, so for that reason, I would retract what I said about motive being racial.

Update: Last defense witness testified. Breaking for lunch. According to ABJ reporter, Warmus will testify after lunch.

http://twitter.com/PhilTrexler?gser

 

[oh_gal]

Thanks for keeping us all updated, Betty!

 

[Betty P]

Thanks for keeping us all updated, Betty!

No problem. I'm not sure why, but this case attracted my attention. It was such a senseless tragedy. Very sad.

 

[Betty P]

Sorry I was out running an errand, but I'm back.

Defense completed their questioning of Warmus, cross has begun.

Under defense questioning, Warmus maintained he did nothing wrong after argument, but that Williams pulled a gun on him and began walking towards him (though none of the 5 witnesses saw Williams pull a gun). MW says he ran to his trunk, got his gun and told Williams to stop. He also told Williams to get down on the ground, then shot him. Says there was an undercover cop on the scene who told him not to talk, that's his excuse for not telling police he fired in self defense. Also says he never met Williams before that day.

That MW admits he told Williams to get on the ground, then shot him doesn't bode well for him, IMO. The final shot killing Williams was into his head, from behind while he was laying on the pavement.

All news media are there taping.

http://twitter.com/PhilTrexler?gser

 

[Betty P]

Pros questioned MW on his knowledge of CCW laws. Asks him about whether he had an encounter with Williams before that day. There is a parking recpt showing him being in the same lot before. MW says its not his ticket. I'm confused by this line of questioning, MW may have said he didn't get a receipt last time.

Warmus on tape " You did not give us a ticket last time." Didn't know it was the same guy, under questioning from Brockler, refer to lot

http://twitter.com/PhilTrexler?gser

 

[Betty P]

Pros tells Warmus he can't say Williams let MW shoot him first because "It didn't happen that way." Apparently they're alluding to the fact that MW shot first. Pros is saying Williams couldn't shoot first after seeing MW pull out his gun because Williams wasn't holding a gun on MW to begin with.

Pros says no witness has corroborated MW's version of the story. MW says maybe there are witnesses who saw it, but haven't come forward yet.

http://twitter.com/PhilTrexler?gser

 

[Betty P]

Cross finished, Warmus is now off the stand. Closing arguments will be at 9 am tomorrow.

 

[JulieR]

He comes off as a good kid, tears and all. I think this is going to be a hard one for the Jury, heck I am having a hard time. I guess the question remains did he fear for his life, (Is this the question the jury has to decide?) I don't think he did. I still say bruised ego.

 

[Betty P]

He comes off as a good kid, tears and all. I think this is going to be a hard one for the Jury, heck I am having a hard time. I guess the question remains did he fear for his life, (Is this the question the jury has to decide?) I don't think he did. I still say bruised ego.

If he had only paid the $20 and gone on to the game or just got back in his car and driven away, none of this would have happened. All of the witnesses who testified said there was nothing to stop him from driving away.

 

[Betty P]

Per ABJ Twitter feed, the jurors can decide charge of either aggravated murder or murder. Manslaughter option is not available due to MW claims of self-defense.

http://twitter.com/PhilTrexler#

IANAL, so its helpful to understand how the jury is instructed on these matters.

Aggravated murder means MW used prior calculation and design to kill.

Murder means MW purposely intended to kill, but w/o prior calculation and design to kill.

 

[Betty P]

Closing arguments and prosecution rebuttal completed. Jury instructions are next, deliberations after lunch.

Defense argued MW shot in self-defense, questioned the accuracy of eyewitness accounts. They especially picked on a nurse who was an eyewitness claiming her car could not be seen in video of the lot. Criticized her for leaving the scene.

Defense argued MW didn't mention to police he shot in self - defense because he assumed police would see Williams gun on the ground. Also assumed police would look at video MW took with his cell phone and make same conclusion.

Defense claims Williams didn't fear approaching MW's car when he called him back because he was armed. Defense also mentioned blood spatter on Williams gun, claims it showed Williams was holding the gun close to his head when shot. (IMO, not sure how that is a threat since Williams was shot in the head after he was on the ground).

Pros claimed MW had parking receipt from an earlier date (Mar. 9) when he had argued with Williams over price of parking. They claim MW prepared for next trip to lot for Cavs game by bringing the old receipt, planning to videotape his accusations of overcharging and placed loaded gun and 41 extra hollow point bullets in his trunk.

Pros claimed MW is a control freak, has to control everyone. They point to multiple witnesses (seven) who don't corroborate MW's self-defense claim. MW could have walked away, but shot Williams instead. The only person who acted in self-defense was Williams, who couldn't pull out his gun in time. Blood spatter on Williams' gun could have come from the two shots in the stomach as his gun was in his side pocket.

Pros says bottom line, Williams was killed with a shot to the back of the head because MW wanted the last word in the argument.

http://twitter.com/PhilTrexler

 

[JulieR]

Thank you Betty for all the updates. What are you thinking? From what I have heard, if I was on the jury I would have to go for not guilty (even though I think he is). Looking at the blood evidence on the gun shows it was pulled, that is enough that I couldn't send him to jail. I would be the worst on a jury, I always give a person the benefit. I think if the jury just looks at the facts without eyewitness, it will be a not guilty.

 

[oh_gal]

Pros tells Warmus he can't say Williams let MW shoot him first because "It didn't happen that way." Apparently they're alluding to the fact that MW shot first. Pros is saying Williams couldn't shoot first after seeing MW pull out his gun because Williams wasn't holding a gun on MW to begin with.

Pros says no witness has corroborated MW's version of the story. MW says maybe there are witnesses who saw it, but haven't come forward yet.

http://twitter.com/PhilTrexler?gser

Ugh...I'm hesitating to even post this (which probably means I shouldn't!) because I don't have a link to back it up -- heard this on the local news a few days ago -- that one of the experts they brought in said that Williams' gun had nothing in it to even be able to shoot, had he wanted to.

 

[Betty P]

oh_gal, I read something similar, not sure if it was in an article or the ABJ Twitter feed. It was said that Williams didn't even have a round in the chamber. Williams was ex-military, had been in the Ohio National Guard, so he knew how to safely and properly carry a loaded gun.

http://blog.cleveland.com/metro/2010/04/shooting_victim_life_was_full.html

Williams was the 2001 Homecoming King at Maple Heights High School. He spent some time in the Ohio National Guard, relatives said, before working as a parking lot attendant. Williams' family said he was licensed to carry a gun and carried one when he worked. That gun was not fired, police said.

"Everyone got along with David," said his younger brother, Brandon. "He liked his job at the parking lot; he's been there a little more than a year. He never had this kind of trouble before."

Working as a parking lot attendant in downtown Cleveland is a difficult and dangerous job, especially when you have to carry large amounts of cash. They have to deal with irate drivers going to sports events, drunk sports fans, criminals breaking into cars, etc. It says a lot that DW never had a problem after working there over a year.

 

[Betty P]

Thank you Betty for all the updates. What are you thinking? From what I have heard, if I was on the jury I would have to go for not guilty (even though I think he is). Looking at the blood evidence on the gun shows it was pulled, that is enough that I couldn't send him to jail. I would be the worst on a jury, I always give a person the benefit. I think if the jury just looks at the facts without eyewitness, it will be a not guilty.

If I were on the jury, I would vote guilty on the count of murder. I'm not sure about the pros case for aggravated murder, but all of the witnesses who saw the incident said Williams did not have a gun. All of those who were close by said MW did not appear to be in danger and could have safely left the scene. It was a busy lot, full of people going to the Cavs game, so it wasn't as if there weren't a lot of witnesses. More importantly, one of those witnesses was a retired FBI agent who was close by and knew what to observe during a crime.

MW refused to pay the extra $10, started the altercation, shoved DW. DW responded by putting him in a head lock, then told him to get himself under control and leave. He then turned and walked away to take care of other customers. MW is the one who then ran to his car, took out his gun, told DW to turn around and get on the ground. By the time DW turned around, MW shot him twice in the stomach. DW moved to get his gun, then fell to the ground. MW then bent over and shot him in the back of the head as he was lying there. With hollow point bullets.

Witnesses accounts varied on some details because not all of them saw the entire event take place. But they all agreed DW did not pull a gun on MW. One witness, a fellow attendant, saw him reach under his shirt, but he fell before he could pull out his gun.

It was a hot tempered young man who lost his temper and was humiliated in front of his girlfriend and refused to back down or drive away. He made a tragic mistake that took one life and certainly ruined his own for years to come.

 

[Betty P]

Just posted

http://warmustrial.ohio.com/

ETA, here's a link to the ABJ article that mentions DW had not put a round in the firing chamber of his gun

http://www.ohio.com/news/top_stories/105756863.html

''I used force to remove his gun. When the gun was out of his hand, that danger was no longer present,'' Warmus said.

The prosecutor reminded Warmus of the seven eyewitnesses who testified earlier, none of whom recalled seeing Williams drawing his weapon first. Warmus testified that Williams held the weapon to his right side until moving it upward at the last seconds, probably blocking the views of witnesses.

Blood evidence has shown that Williams' gun was near his head or just below when Warmus fired the final shot. Williams' gun, however, was not chambered to fire.

Interesting how Warmus claims he used force to remove DW's gun and when gun was out of his hand, the danger was no longer present. If true, why did he then step up and shoot DW in the back of the head while he was lying on the ground gravely injured?

IMO, its an excuse, not a valid claim of self defense.

 

[Betty P]

According to the ABJ Twitter Feed, the jurors have asked for some trial transcripts. Defense objects, saying the only reason they want to grant transcript access is because Warmus' father is paying for them. Judge Gaul said no, he didn't want the issue of father's wealth to be part of the trial. Prosecution consents, saying jurors are entitled to facts from witnesses.

Judge Gaul agreed to provide transcripts of testimony from parking lot flagger, Warmus' date and witness who was with his daughter.


They also asked if Williams was left or right handed. Judge Gaul told them to rely on memory. They also wanted to know if officer on the scene wrote out a statement about his convo with Warmus (when Warmus didn't mention self-defense claim). Judge Gaul told them no, he didn't.

Rumor from ABJ reporter is that jurors were heard arguing loudly last night. One juror was heard arguing self-defense.

Deliberations continue.

Update: Jurors will receive all 1100 pages of transcript w/ witness testimony they requested first. Will take 5 hrs. to edit and print.

 

[JulieR]

Warmus gets life. 3 yrs more for using gun. No parole for 18 yrs. Gaul scolds him for no apology to Williams family

 

[ohiogirl]

Very sad for all involved. Especially the Williams family. I am sure there will be appeals, meanwhile, MW needs to start serving his time. Hopefully, no parole while appealing. I am sure he is scared out of his mind. No winners here.