Meth use will be evidence in murder trial
Published 3:00 am Saturday, April 9, 2016
- JOSEPH PAUL WALKER
Evidence that a Bowling Green murder suspect used methamphetamine on the night of the slaying will be allowed at the suspect’s upcoming trial.
Warren Circuit Judge John Grise on Friday allowed the special prosecutor in the case against Joseph Paul Walker to introduce evidence through the testimony of another witness that Walker used drugs at the residence of Demarcus Elliott on the night of Oct. 8, 2012, and at another apartment just before traveling to Elliott’s residence.
Walker, 32, of Bowling Green is accused of shooting Elliott, 34, and Veronica Mitchell, 24, in the early morning hours of Oct. 9, 2012, as Elliott and Mitchell sat in Elliott’s car in a Victoria Street driveway.
Elliott was killed in the incident. Mitchell survived.
Walker is charged with murder, first-degree assault and first-degree wanton endangerment.
At a pretrial conference Friday, special prosecutor Blake Chambers made a number of procedural motions ahead of the jury trial scheduled for June 14.
Included in the motions was a formal notice by Chambers that he intended to have a witness, Jason Smith, testify about Walker’s drug use on the night of the incident.
Walker “was under the influence of methamphetamine throughout every point in this case,” Chambers said. “It’s inextricably intertwined with all the facts.”
Chambers said he would argue that the drug use would help explain Walker’s decision-making on the night of the shooting, which authorities say happened after Walker and Elliott had gotten into a confrontation with each other.
There is evidence that Walker, Elliott, Smith and Mitchell all used drugs at Elliott’s residence on the night of the incident, according to Chambers.
Walker’s court-appointed attorney, Kristy Vick-Stratton, argued that evidence of Walker’s drug use was not pertinent and would prejudice the jury against Walker, but Grise ruled that he would allow the prosecution to introduce that evidence.
“I believe that it would be relevant and I don’t believe that it’s so wholly prejudicial that it’s prejudice absolutely outweighs the relevance,” Grise said.
Walker is a state inmate, serving an 18-year sentence for first-degree trafficking in a controlled substance (second or greater offense), second-degree trafficking in a controlled substance and fraudulent use of a credit/debit card (greater than $500). The charges were brought forward in indictments separate from the murder case in Warren Circuit Court.
— Follow courts reporter Justin Story on Twitter @jstorydailynews or visit bgdailynews.com.