Little Rock murder suspect, victim both called defenders at trial's start

A Little Rock man accused of first-degree murder only opened fire to save his friends, the 20-year-old defendant's lawyer told a Pulaski County jury on Tuesday.

Michael Mitchell was justified in shooting 37-year-old Troy Lee Holmes two days after Christmas 2014, attorney Bill Luppen said in his opening statement.

"He sees Mr. Holmes, who is a big man ... go after Mr. Mitchell's friends," he told jurors. "He did have a gun. He shot at Mr. Holmes. He believed he needed to protect his friends."

Holmes was drunk and angry, and it was his belligerent attitude that started the trouble, Luppen said, telling the nine women and three men that the older man's blood-alcohol content was twice the legal limit for driving.

"Nothing happens until [Holmes] shows up," the lawyer said, emphasizing Holmes' size, 6 feet 2 inches tall and 275 pounds.

Holmes was shot in the back as he was charging at Mitchell's friends while cursing at them, Luppen said.

Mitchell, also charged with first-degree battery, fired five times, but the shot that wounded Holmes' 16-year-old stepdaughter was not intentional, Luppen said, telling jurors it was possibly a ricochet that struck the girl inside her home.

She wasn't seriously hurt, Luppen told jurors. She was struck by a bullet that pierced her left thigh then grazed the right thigh.

"Mr. Mitchell wasn't ever trying to shoot [teen] Asia Lacy," the attorney said, predicting that prosecutors won't be able to prove his client intentionally killed Holmes or deliberately shot Lacy.

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Deputy prosecutor Kim Woods told jurors that Holmes was the man who was coming to the rescue that day. He was fatally shot in front of his Stevenson Road home. Holmes had been at a neighbor's when he was called back to the house by his frightened 14-year-old stepdaughter, Woods said.

"Troy Holmes was protecting his house," she said in her opening remarks.

Holmes, who'd been at a neighbor's house, had been called by Ayanna Lacy, who'd been frightened by the late-night arrival of some strangers who had announced their arrival by beating and kicking at the door, Woods said, pounding on the courtroom lectern for effect.

Holmes arrived to find four people outside his home, two of them men he didn't know, the prosecutor said.

Police had already been called to the house earlier that day after a fight between Rodrick Gulley, a cousin of Holmes' wife, and Gulley's former girlfriend. Gulley, whose whereabouts are now unknown, had been living with the Holmes family.

The former girlfriend, Tatianna Curry, testified that she'd left the couple's 2-month-old daughter with Gulley while she ran errands but that he'd fought her then forced her out of the house when she tried to get the baby back.

At the advice of Holmes' wife, Shannell Holmes, Curry told jurors, she left without the child, opting to wait a couple of hours before returning for the baby.

She said when she did return, Mitchell had come with her. Curry said her sister, Anjanae Curry; and Shaheed Williams, her sister's boyfriend, were also with her. Mitchell was Williams' best friend, Curry told jurors.

Curry told jurors she heard the shots but didn't see who shot Troy Holmes because she was looking the other way. Curry also said she did not know Mitchell had a gun until she saw him with it later and he told her he'd shot the man.

Proceedings before Circuit Judge Barry Sims resume at 9 a.m. today. The defense did not say whether Mitchell would testify.

Mitchell told Little Rock police in a recorded interview after his arrest that Williams was the gunman. Williams dropped the weapon after the shooting, Mitchell said, telling detectives that he picked it up and later tried to give it back to Williams who didn't want it.

Mitchell called Crimestoppers from jail to reach detectives and explain why his fingerprints might be on the gun.

Metro on 06/28/2017

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