FAYETTEVILLE -- A jury was selected Monday to hear the case of a former University of Arkansas football player facing a murder charge in the death of a friend after a night of drinking.
Josh Melton, 33, is charged with second-degree murder in the death of Michael Gover, 30, in August 2013.
According to multiple accounts, Gover and Melton were friends. Melton told Fayetteville police the two had gone drinking at a couple of bars and ended up at Melton's home, 6316 W. Copper Ridge Lane, just south of Wedington Avenue.
Melton passed out and woke up to find Gover had thrown up on the living room floor, according to a preliminary arrest report. After "lewd comments" from Gover, the two fought and Melton punched Gover several times, causing him to collapse on the floor. Melton went to bed and when he woke up the following morning, Gover was dead, according to the arrest report.
Melton called 911 after finding Gover's body and voluntarily went to the Police Department for questioning, according to the arrest report.
Drew Ledbetter, Melton's defense attorney, told potential jurors Gover had an enlarged heart and died of a heart attack. Ledbetter said Gover suffered a broken nose and the blood made Gover's injuries appear worse than they actually were.
Deputy prosecuting attorney Terra Stephenson told jurors Gover had an enlarged heart for some time 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, was not fighting back.
Opening statements in the trial are set for 9 a.m. today.
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.
If convicted, Melton faces six to 30 years at the Arkansas Department of Correction and fines of up to $15,000.
The defense could request the jury receive an instruction on a lesser included charge of manslaughter.
NW News on 07/01/2014