The murder trial of Gary Eugene Holmes, accused of killing a toddler in a December 2016 road-rage shooting, opened on Tuesday with defense attorney Ron Davis calling on jurors to "work with him" and follow the law to understand why Holmes has been wrongfully charged.
The defense attorney did not deny that Holmes fired the bullet that killed 3-year-old Acen King in Little Rock barely a week before Christmas 2016.
Instead, Davis told the six women and six men who will be hearing evidence before Pulaski County Circuit Judge Barry Sims that a legal technicality means that Holmes did not commit first-degree murder the way he has been accused, by committing a terrorist act in shooting at the car driven by Acen's grandmother.
Deputy prosecutor Tracye Mosley told jurors to expect to hear excuses about what happened directly from the defendant's mouth, courtesy of a recorded interview he gave to police after initially refusing to answer questions. Holmes admits that he was holding the gun when it fired, Mosley said in her opening statement. But she urged the panel not to be fooled by Holmes' claim the weapon went off accidentally.
"It will erase all doubt from your mind" about his guilt, she said. "He didn't have an accident. He had an excuse."
It's not been revealed whether Holmes will testify. If he does take the stand, it could open him up to questioning about his prior record, which includes prison stints for armed robbery and sexual assault. Because of his violent history, Holmes cannot qualify for parole on any sentence he receives.