Medical examiner testifies in Fayetteville pawnship murder trial
The bullet that killed Kyle Harris in 2010 hit his windpipe and esophagus before striking the carotid artery on the left side of his neck, the medical examiner who performed the autopsy testified Wednesday.
"You have enough blood in the brain to last about 10 seconds," said Thomas Owens, a Mecklenburg County medical examiner who specializes in forensic pathology. "What happens is - he's bleeding very rapidly. If they're not resuscitated in the next couple of minutes, they will be dead."
Owens' testimony came in the Cumberland County Superior Court trial for Cedric Theodis Hobbs Jr., 33, of Thomson, Georgia. Hobbs admitted in court last week that he shot and killed the 19-year-old Harris during a robbery of Cumberland Pawn Shop on Nov. 6, 2010. But Hobbs' lawyers say Hobbs does not admit "to mental intent."
Murder by premeditation and deliberation and robbery are specific intent crimes, according to state law. The defense contends that Hobbs had diminished mental capacity and did not form the specific intent required to commit murder and robbery.
Owens' testimony wrapped up Wednesday's proceedings. Judge Robert Floyd Jr. excused jurors at 12:30 p.m. They aren't scheduled to report back until 9 a.m. Monday.
Though Owens answered prosecutor Robby Hicks' questions on the autopsy exam in a studied, matter-of-fact manner, his testimony proved emotional for members of the Harris family.
Cheryl Harris, Kyle's mother, kept a heavy coat wrapped around her - her legs pumping as she sobbed. Deborah Davis, who was also crying, reached back and placed a hand on her sister's leg to comfort her.
On the other side of the courtroom, Hobbs - who is facing the possibility of death if convicted of first-degree murder - sat stoically beside his lawyers, his face bereft of emotion.
Hobbs is also charged with armed robbery and kidnapping.
Harris, a 2009 graduate of Cape Fear High School, had been working at the Grove Street pawnshop as an assistant manager on weekends to help out the family and pay his way through college.
Robby Hicks, an assistant district attorney, asked Owens what caused Harris' death.
"The main thing, from the gunshot wound," he said. "That's the thing that caused his death. The carotid artery and the bleeding."
Owens then further defined the cause of death as "a gunshot wound of the upper chest and to the neck area."
Earlier, Fayetteville police forensics technician Terri Williams resumed her testimony from Tuesday.
Williams testified Wednesday morning that she processed the crime scene for fingerprints at the pawnshop and inside a red Chevrolet Suburban that Hobbs and his accomplice, Alexis Mattocks, had parked outside the business on the day of the murder. Mattocks, 23, of Washington, struck a plea deal early last year, pleading guilty to first-degree murder and conspiracy. She's serving a life sentence without parole.
Williams testified that she also did gunshot-residue tests, retrieved evidence from the SUV and took swabs of suspected blood and DNA evidence.
On cross-examination, lawyer Lisa Miles repeatedly returned to probing questions regarding evidence gathered at the crime scene, asking whether all of it had been sent to a lab for analysis. She appeared to try to put doubt in jurors' minds, questioning why Williams had not done the analysis herself.
"Are you the one responsible for packing up the evidence and sending it out?" Miles asked.
"No, ma'am," Williams said.
"You personally didn't send out any preserved evidence?"
"No, ma'am."
And later, "To your knowledge, was that soil and vegetation evidence (taken from the SUV) sent off for analysis?" Miles asked.
"I'm not sure, ma'am," Williams replied.
"The DNA evidence," Miles said. "Any of that DNA - any of those slides sent off?"
"I don't know what was sent to the lab," Williams said.
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