Trial begins for man accused in deadly shooting
by Jessica Loeding
Aug 16, 2011 | 2180 views | 0 0 comments | 5 5 recommendations | email to a friend | print
Testimony began late Monday afternoon in the trial of Michael Thomas Morris Jr. Morris is accused in an Aug. 22, 2009, shooting that left 26-year-old Joshua Lee Moore dead and seriously injured Danny Dewayne Westbrooks.

Along with felony murder, Morris is charged with two counts of possession of a firearm during a crime, two counts of aggravated battery, two counts of aggravated assault, possession of a firearm by a convicted felon and terroristic threats. He pleaded not guilty to murder earlier this year.

In opening statements, District Attorney Joe Campbell recounted the alleged events of that night, calling it a "random intersection" of two lives.

Campbell said Morris and his then-girlfriend had carried on an argument from the night prior into the Saturday of the shooting. He said Morris allegedly pointed a gun at the woman at one point, threatening to kill her.

According to the DA, Morris went to Apartment 43 in the Amberwood Apartments complex where he lived and residents there became concerned, taking the .25 caliber handgun away from Morris and placing it in a bookshelf drawer.

When Moore, Westbrooks and their girlfriends arrived about 9:15 p.m., Morris and the two other men become involved in a verbal argument which evolved into a fistfight in the parking lot, Campbell said. Both prosecutors and defense maintained that Moore hit Morris first, with Campbell saying Westbrooks said he was not involved in the fight but was attempting to break it up.

The DA said Morris retrieved the gun from the apartment, met Westbrooks outside the residence and shot him twice at point-blank range in the chest. Calling it a "medical miracle" that Westbrooks survived, Campbell said the man's spleen, right kidney and a portion of his pancreas were removed at Grady Memorial Hospital where he was airlifted.

Campbell said Moore "clotheslined" Morris when he saw Westbrooks was shot. Morris allegedly fired one shot at point-blank range into Moore's chest, severing his aorta. He was pronounced dead at the scene.

Attorney for the defense Kelly Dial said in her opening statement that Morris was distraught over the breakup with his girlfriend and left with the gun, which had been provided by his brother-in-law for protection.

"You'll hear different versions of just about everything," Dial said of expected testimony. She said the details of the event vary from witness to witness.

Dial said Morris retrieved the handgun the night of the shooting because he felt he wasn't safe. The defense maintained in the opening that Morris acted in self-defense.

Dial said the jury would determine if the accused acted "reasonably." "I believe you will find Mr. Morris' acts were justified."

The jury Monday also heard recordings of seven 911 calls, including the one Westbrooks made after being shot. According to dispatch reports, all seven calls occurred within roughly three minutes.

Cartersville Fire Department Capt. Mark Bagley also took the stand, testifying to the his role at the scene. Along with treating Westbrooks, he said his engine provided lighting for police and cleanup efforts after investigators released the scene.

Testimony will resume at 9 a.m. today in Judge David Smith's courtroom.

Defendant pleads in child cruelty case, testimony begins

In Judge Shepherd Howell's courtroom Monday, a defendant in a child cruelty case entered a plea before testimony began.

Katherine Stacey Barlow pleaded guilty to neglincey -- failure to seek medical attention in the January case involving injuries to a child. Barlow, who faced two counts of cruelty to children, was sentenced to 12 months, with credit for time served, and probation.

Also charged in the case is Billy Scott Elrod, who faces aggravated battery and cruelty to children.

A child suffered a broken leg in Elrod's home and medical attention was not sought for several days, according to opening statements. When the child was taken to Harbin Clinic, doctors sent the infant to Children's Healthcare of Atlanta and contacted the Department of Family and Children Services because of the nature of the injury.

Barlow testified Monday that Elrod told her the boy attempted to get out of a crib, caught his leg in the bars and fell forward, breaking the leg below the knee and striking his head.

Barlow said she did not see the incident, and when she checked the boy for injuries there was no redness and he was not crying. After it became evident something was wrong, Barlow said she sought medical attention.

Testimony is expected to resume today.