5:31 PM Reckless Murder or Self Defense - JURY DELIBERATING

Rickey Stokes

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Posted by: RStokes
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Date: Sep 27 2024 6:24 PM

HOUSTON COUNTY:   This past MOnday 20th Judicial Circuit Court Judge Kevin Moulton called for trial, State of Alabama verses Carmen Laurish Kirkland.

Kirkland was arrested by Dothan Police Criminal Investigator Owens on October 18, 2021 for Captial Murder and placed in the Houston County Jail under a no bond. Capital Murder is a death penalty case and normally no bond is set.

Following Motions To Set Bond being filed in Houston County District Court the bond hearing was set the same day as the Preliminary Hearing, Noember 8, 2021, before Houston County District Court Judge Benjamin Lewis. A preliminary hearing is a trial where hearsay is admissable. They are probable cause hearings that a crime was probably committed and this person probably did it. The District Court Judge hearing the evidence also determines if the charge for the alleged offense, will the state be able to prove that crime. Following the preliminary hearing Judge Lewis set a $ 75,000.00 bond with an electronic monitoring stipulation on the bond.

The case went to a Houston County Grand Jury. From Grand Jury an indictment was returned against Kirkland for Reckless Manslaughter and not Capital Murder. The indictment was returned on February 23, 2022.

Then on November 15, 2023, at the request of the 20th Judicial Circuit District Attorney Office the case was remanded back to a Houston County Grand Jury to correct an error in the indictment. On April 16, 2024 the Houston County Grand Jury returned an indictment for Reckless Manslaughter.

The case began Monday with striking a jury. Actual testimony kicked off on Tuesday. The trial had be stopped early on Thursday because of the hurricane and resumed this morning. Both the prosecution and defense rested and closing arguements began at 1:30 PM.

The case is prosecuted by Assistant District Attorney Michaela Pope. The defense team is Attorney Shaun McGhee and Derek Yarbrough.

Closing arguments are where attorneys talk to the jury about what they think the evidence showed. Because the prosecution has the burden of proof they get to go first and last in closing arguments.

Assistant District Attorney Poke had a very short first closing and saved her time after the defense closing. Shaun McGhee gave the closing for the defense team. Each side had 40 minutes of time to talk about the case to the jury. This time is not evidence but what they think has or has not been proven.

Carmen Laurish Kirkland is charged with the shooting death of Precious Warren that occurred at 814 Walnut Street in Dothan on October 18, 2021.

McGhee stated this was an act of self defense. And Alabama law states that you can use deadly physical force if you, in this case Carmen Kirkland, alone in her mind, felt that she or someone present was in danger of serious bodily injury or death. That Warren and Kirkland had fueds which were always at Kirkland's house which was 814 Walnut Street. McGhee stated that Warren had pulled up to the residence of Kirkland and trouble happened between the two. They had fought, Warren had used pepper spray on Kirkland, kicked her in the stomach and she was pregnant. That Warren had showed up at Kirkland's house, uninvited, at 1:00 AM beating on the window. McGhee stated in Septemeber 2019 Warren pulled a stun gun on Kirkland. McGhee stated that Kirkland had filed police reports on Warren and obtained an arrest warrant for Warren which she thought also contained a protection order. McGhee argued this was a Stand Your Ground case and urged the jury to send a loud a clear message to the community that you have a right to protect yourself at your home or where you have a legal right to be. McGhee argued that Kirkland did point the gun at Warren and intended to kill her because she was in fear of her life, the life of her unborn child and her children were present.

Precious Kirkland has a child with Jermaine. Carmen was pregnant with Jermaine's child. And arguments were Kirkland was only there to see Jermaine for child visitation or money owed and KIrkland inteferred, and arguments that Warren was outraged over Kirkland being pregnant by her baby's daddy.

Assistant District Attorney Michaela Pope stated with a statement witness testified was said by Kirkland immediately following the shooting " I just shot your bitch". This was in a phone call to Jermaine. Pope argued these words was after Kirkland took the life of a mother of five children. Pope argued that Kirkland's statements to Dothan Police Investigator Kirkland were lies on the phone calls. Some prosecution witnesses said Kirkland could not let the fued go between her and Warren. Pope argued that she was not going to say to the jury that Martin handled everything correctly but Precious was tired of hearing that Kirkland was pregnant. Pope argued that pepper spray was not a deadly weapon. Pope argued that Kirkland did not have to get out of the car if she felt she was in danger. ( Warren drove up behind Kirkland and Jermaine at Kirkland's home ). Pope argued the autopsy report revealed the bullet in Warren was under her armpit which showed she was not coming direct on towards Kirkland. Some said that Warren said she could not let it go between her and Kirkland. Apparently in an earlier incident Kirkland hit Warren over the head with the butt of the gun. Pope argued that Warren had business with Jermaine, as father of her child, and that Kirkland stuck her nose in business that was not her business. Pope argued this was not Stand Your Ground,  but was a case of Kirkland's reckless actions. That Kirkland's statement to law enforcement was that she thought she shot Warren in the leg. Pope argued that Stand Your Ground had to be where the defendant intended to kill the aggressor because they were in fear of serious bodily injury to themself or another. Pope urged the jury to return a guilty verdict because this case was Reckless Manslaughter and not Stand Your Ground.

At 2:52 the closing arguments were over. Judge Moulton let everyone take a bried break and then he began the charges to the jury. This take s about 30 minutes and where the Judge advises the jury about the law, their responsibility, the prosecution responsibility to prove beyond a reasonable doubt the defendant is guilty. If the jury does not find beyond a reasonable doubt the defendant is guilty then they must find the defendant not guilty. The Judge will charge the jury to weigh all of the evidence, think over all the testimony, apply common sense, and listen to each other's thoughts. The first order of business is to select a foreperson. And the foreperson is to maintain order, allow everyone to voice their opinions.

At 6:23 PM, to my knowledge, the jury is deliberating. But this case is in the hands of the jury.

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