Murphy – A key piece of evidence that may have corroborated a witness’ account of what happened the day Daniel Hughes shot and killed Terry Owenby was never seized by police.
At trial last week, witness Daniel Hall testified that he was standing between Hughes and Owenby, with a forearm on each man’s chest trying to defuse the confrontation, at the time of the shooting. Hall said he felt the gun touch his arm as Hughes raised the weapon and fired a single shot into Owenby’s chest “at point-blank range.”
During cross examination, Hughes’ defense attorney, Rich Cassady, questioned whether gunshot residue would have been on the long-sleeve shirt Hall wore that day if the encounter actually happened the way he remembered.
“You didn’t give that shirt to law enforcement, did you?” Cassady asked.
“No, sir. I did not,” Hall replied.
After agreeing that the absence of gunshot residue on the shirt would have contradicted his account of events if the shirt had been tested, Hall disclosed that he took the garment home and may still possess it.
“It was washed,” Hall said when asked what happened to the shirt before he eventually notified law enforcement that he was wearing it at the time of the shooting. “I believe I may still have it.”
On the afternoon of March 14, 2015, Hughes shot and killed Owenby during a confrontation outside King’s Leather Craft on U.S. 64 West in Ranger. Owenby and a tow truck driver had pulled into the business’ parking lot to establish better cell phone reception so Owenby could arrange payment for the tow company following a wreck. After Hughes asked them to move their vehicles, which were blocking one of the entrances to his family’s business, a confrontation ensued.
Hall, who helped repair the truck at the wreck site, testified that he arrived at King’s Leather Craft a few minutes after Owenby and tried to quell the confrontation. In statements to police, Hall described Owenby as being “mad” at this point in time, while he described Hughes as being “calm.”
Hall told police that Owenby “flipped the bird” and said, “(Expletive) you” to Hughes after moving his truck. Hughes then said, “This is a place of business,” which prompted Owenby to advance toward him.
Hall told police he never heard Hughes raise his voice toward Owenby, and that he didn’t know exactly what each person said following those first words from Hughes about them being at a place of business. However, each time Hall convinced Owenby to turn away from the situation, Hughes would make another comment, to which Owenby would respond. Hughes then decided to call emergency 911, and Owenby removed his shirt.
“Now Mr. Owenby has ripped off his shirt, and Mr. Hughes knows something is getting ready to happen,” defense attorney Holly Christy said while explaining Hughes’ actions during opening statements. “Then Mr. Hughes takes out a gun. His back is against the building. He’s got his cell phone in his left hand, a gun in his right hand and he warned Terry Owenby, not one time, not two times, not three times. He warned him four times.”
The defense team argued their client fired the gun in self-defense only after Owenby threatened to kill Hughes and started “marching” toward him. The defense also tried to convince jurors police botched the investigation from the start by not learning all the facts before charging Hughes with murder.
Lt. Tiffany Holland of the Cherokee County Sheriff’s Office testified that she charged Hughes with murder less than three hours after the shooting. During that time span, police at the scene took statements and gathered evidence while Holland interrogated Hughes.
Holland revisited the crime scene with three witnesses about two weeks after the shooting and documented the distance they claimed existed between Hughes and Owenby during the confrontation. However, Holland never took Hughes to the scene to measure the distance he remembered.
When Cassady asked Holland why she didn’t try to fully understand what happened before charging Hughes, she replied, “I was told to charge him, so I charged him. I was not a supervisor at that time.”
The defense team also tried to cast doubt on Hall’s recollection of events. Hall testified that Hughes said, “I’ll fix this,” moments before killing Owenby. However, 911 calls played in court did not capture those words.
A recording of the call Hughes made to police before the shooting captured him saying, “Touch me. Touch me. Touch me,” as soon as the dispatcher picks up. Chaos from bystanders trying to quell the confrontation can be heard in the background, and someone yells,”(Expletive) you,” moments before the gunshot.
Hall acknowledged the words, “I’ll fix this,” were not captured on the 911 call, but he stood behind his testimony that Hughes uttered that phrase before firing the gun. During opening statements, prosecutors told jurors Hughes actually said something different.
“He told the 911 operator he had to shoot someone that was threatening to kill him. But on that 911 call, you will hear the defendant say, ‘Test me. Test me. Test me. Test me. Test me,’ ” assistant district attorney Kimberly Harris said.
Prosecutors argued the shooting was unjustified, and they are expected to rest their case mid-week. It’s unclear whether Hughes will testify in his defense.
Defense questions evidence in court
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