The third day of 42-year-old Timathy Taylor’s annihilation balloon included attestant affidavit from detectives and admiral accustomed with the case as able-bodied as bodies who knew the man Taylor killed.
Taylor is on balloon for murdering his acquaintance Fay Roy Knight, 77, with a shotgun, at his abode a Beatty, an unincorporated Klamath County town.
The 12-person jury’s assignment is not to anticipate if he did it — Taylor accepted to killing Knight on assorted occasions, and the abomination was recorded on his home video aegis arrangement — but to adjudge whether or not it was a justified act of self-defense.
Wednesday morning, Klamath Falls Police Department Detective Joseph Foreman, Oregon Accompaniment Police Sergeant Cliff Barden and OSP Medical Examiner James Olson were all declared to affirm by the state.
Deputy Assistant Attorney Cole Chase, apery the state, asked Barden and Foreman about their acquaintance interviewing Taylor afterward his May 26, 2016, arrest. The accompaniment additionally showed footage of Foreman and Barden interviewing Taylor, as able-bodied as Barden acceptable in a reenactment of the abomination with Taylor.
“During your interactions, did he acknowledgment a borderline to get off the mountain?” Chase asked Foreman, apropos to the defense’s affirmation that Knight had told Taylor he would annihilate him if he did not leave the breadth by Tuesday, May 24.
Foreman said he hadn’t, and that abounding of the specific, airy conversations amid Taylor and Knight declared by the aegis had not appear up in his and Taylor’s interactions.
”Would you shoot me now?”
In cross-examining Foreman, Barden, and added law administration admiral afterwards in the afternoon, Aegis Attorney Alycia Kersey acclimated a band of ytic to actuate anniversary officer’s training to acknowledge to an armed suspect.
Foreman told Kersey he would “stay back, break covered and accord commands” if he knew a doubtable had a gun.
“Would you shoot me from this distance?”, Kersey asked anniversary official while continuing about 20 anxiety from the attestant stand.
What if I had my duke assertive to grab my weapon? What if I began to about-face about quickly? What if I had put a gun to your arch in the past, and fabricated explicit, possibly daily, threats to annihilate you?
Each administrator explained how it was complicated and depended on accomplished interactions and ability of the suspect.
“After watching that video, based on your, training would you accept attempt him?” Cole asked Foreman, apropos to the killing footage.
“Absolutely not,” he replied.
All law administration admiral aggregate this affect apropos the specific adventure amid Taylor and Knight.
Foreman said he had added options — Taylor was an outdoorsman, and he could accept absolved off the property.
“Until you absolutely display a gun, I’m not gonna shoot you,” Oregon Accompaniment Police administrator Patrick Irish told Kersey aback he was declared to affirm by the accompaniment in the afternoon.
‘Discovery troubles and issues’
When Olson testified about an dissection address he completed on Knight’s body, he said that Knight was begin to accept a claret booze akin of .156 — about bifold the acknowledged active limit.
This would be constant with the defense’s affirmation that Knight had “alcohol-soaked breath” aback Taylor dead him.
Olson additionally mentioned a accumulating of photos of Knight’s anatomy he had in his possession. This elicited a ysis from both the accompaniment and the defense: they had never apparent or accustomed copies of the photos.
Presiding Judge Roxanne Osborne accepted a two-hour balloon alcove for the accompaniment to locate, appearance and allotment the photos. Afterwards the attorneys addled through them on the cloister TV awning about 1 p.m., Kersey requested Osborne to forbid them from actuality entered into evidence.
With the board gone from the room, Kersey fabricated a account about the “discovery troubles and issues in this case.”
On assorted occasions, the aegis fabricated motions, which were accepted by Judge Osborne, to accept all accompaniment evidence. This photo incident, forth with others, she said, approved a abortion by the accompaniment to do so.
In his afternoon testimony, Irish — a advance investigator in the Taylor case — accepted to both Chase and Kersey that he had messed up genitalia of the investigation, and didn’t chase assertive leads aback he should have.
He said he “didn’t feel that there was any array of evidentiary need” to attending through some of Taylor’s messages, texts, pictures, etc.
Kersey adumbrated that such affirmation could accept accepted Taylor already alternate Knight’s baseborn acreage in aggravating to accomplish amends.
During Irish’s testimony, the accompaniment additionally fabricated a point about Taylor accepting added means to get emergency advice than with the corpuscle buzz Knight blanket aloof afore Taylor attempt him.
They begin assorted corpuscle phones in Taylor’s home that angry on, Irish said, and admitting Taylor was not advantageous for account on them, he could accept acclimated their “Emergency 911” feature. The E-911 affection allows 911 calls to be fabricated from any cellular accessory whether or not it is affiliated to a paid buzz plan.
In Irish’s account of Taylor that the accompaniment played apropos this discovery, it was bright Taylor had not remembered such a affection existed in the calefaction of the moment.
“Oh s— I forgot all about that,” Taylor said to Irish in the 2016 interview. “… it aloof didn’t aurora on me at that time.”
The accompaniment additionally declared Paul Strong, a acquaintance of Knight’s who visited Taylor to advice Knight get his acreage back, to testify.
Strong declared his backward acquaintance as quiet, adamantine of audition and an ardent reader. He didn’t accept abundant family, Strong said.
Strong said that aback Knight alternate from his months-long Midwest anaplasty trip, he told Strong that all of his being including solar panels, generators, blankets and clothes were stolen.
Strong said he went with Knight to accost Taylor about the annexation to try to “keep the peace” amid the men. He denied, as the aegis has alleged, that Knight anytime threatened to annihilate Taylor or coffin him in a 50-gallon barrel.
The aegis calls witnesses
The aegis declared three assemblage to the angle in the afternoon. One was Janelle Brookshire, an agent of Knight’s coffer who said Knight had told her he was so mad at Taylor that he “could annihilate him.”
Brookshire antiseptic she didn’t booty the blackmail seriously.
Another was Klamath County Sheriff’s Office agent Westley Packer. Packer had announced with Taylor on the buzz aback he declared 911 to about-face himself in for his annexation of Knight’s belongings.
In their questioning, the aegis accustomed that Packer and KCSO had not followed up aback Taylor declared to address the theft, or aback he declared to address gunshots (which he anticipation were from Knight) a his home.
But Packer characterized these choices as accepted procedure: KCSO does not investigate a annexation unless they accept acquaintance with the victim, he said.
They additionally do not about investigate gun attempt letters in rural areas like Beatty because it is acknowledged for bodies to shoot on their property. Also, Taylor did not affirmation he was anon threatened, Packer said.
Taylor’s annihilation balloon will abide this afternoon afterwards the board takes a morning cruise to see the abomination arena in person.
“It is taken for you to bigger accept and appraise the affirmation that will be presented in the courtroom,” Judge Osborne told the board aback anecdotic the trip.
The Herald and News will accept circadian advantage of Taylor’s annihilation trial. The balloon will resume Thursday afternoon.
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