FAYETTEVILLE -- Josh Melton spent most of a marathon interview with police claiming he was drunk, blacked out and couldn't remember what happened before he found his friend bloodied and dead on his living room floor last summer.
But, a crime scene investigator told jurors he's pretty sure Michael Gover was knocked down, then beaten with a bag containing about 12 pounds of computer equipment and other items.
Melton, 33, a former Razorback football player, is charged with second-degree murder in the death of Michael Gover, 30, in August.
Gover and Melton were friends, according to multiple accounts. Melton told Fayetteville police the two went drinking at a couple of bars and ended up at Melton's home, 6316 W. Copper Ridge Lane, just south of Wedington Avenue.
John Brooks, criminal investigator for Fayetteville police, said there was no blood under Gover when the body was moved but there was an outline of blood all around the body. All four walls, a television and other items had blood spatter or cast off blood up to 40 inches off the floor and 6 to 8 feet from the body, Brooks said. Gover had no blood on his lower body or the bottoms of his feet, Brooks said.
"It indicates to me he went down and he went down fairly quickly," Brooks said. "I absolutely think he was being struck on the ground."
Brooks said the bag, which contained a laptop computer, an external hard drive and other items, was laying next to Gover's head. There was blood under, inside and on top of the bag and its contents spilled out.
"I believe the bag was used to strike the victim. I think it was used as a weapon," Brooks said. "There's blood pretty much everywhere on this bag."
Brooks said he thinks Melton hit Gover five or six times, starting with his fists.
A blood-covered Melton was taken to the police station where he was questioned off and on for about eight hours. Melton said the two men were very drunk on beer when they arrived at his home and, after a final shot of rum, he didn't remember anything else until the next day when he found Gover dead.
"I'm telling you the truth, one thousand percent," Melton said at one point. "We fought. I woke up and my friend was dead on my living room floor. I don't remember hitting each other."
The story slowly changed over the course of the interview with Melton saying Gover wanted to trade licks and hit him. The jury will hear the remaining hour-and-a-half of the interview when court convenes at 8:30 a.m. today.
Terra Stephenson, deputy prosecutor, said in opening statements Gover had thrown up on the floor and when Melton awoke, Gover made a series of lewd comments about sex, Melton and his girlfriend. Melton then punched Gover several times, knocked him down and continued hitting him on the floor.
"Inside that residence what they found was a bloody, gruesome scene," Stephenson said.
Drew Ledbetter, Melton's defense attorney, told jurors Tuesday there's no evidence blows to the face caused Gover's death. Gover had a heart condition, was very drunk and had been out in the heat all day playing softball.
"This case never should have been charged as murder two," Ledbetter said. "Here's what's most important: It doesn't matter what started the fight, we're not denying Josh hit Mike. You're here to determine his intent. What happened was a terrible, terrible tragedy, it was not murder."
Ledbetter told potential jurors Monday that Gover had an enlarged heart and died of a heart attack. Ledbetter said Gover suffered a broken nose and all the blood made Gover's injuries appear worse than they actually were.
Melton called 911 after finding Gover's body and voluntarily went to the Police Department for questioning, Ledbetter said.
The defense could request the jury receive an instruction on a lesser included charge of manslaughter.
Stephenson told jurors Gover had an enlarged heart and he was intoxicated but those factors combined with beating delivered by Melton caused Gover stress that led to his death. Stephenson said the state only has to prove the beating was a contributing factor to Gover's death, not that it was the primary cause.
"But for the beating he received, the victim would not have died that night," Stephenson said.
Stephenson also said Melton acted with intent to injure Gover who, she said, wasn't fighting back.
If convicted, Melton faces six to 30 years at the Arkansas Department of Correction and fines of up to $15,000.
Melton, a Batesville native, played for the Razorbacks from 1999 to 2002. He was the starting center as a redshirt freshman, before being benched two games into his junior year. A preseason knee injury kept Melton off the field for most of the 2002 season.
NW News on 07/02/2014