Friend takes stand in trail involving Hudson man's death

LUFKIN, TX (KTRE) - The trial of a New Waverly man, accused of killing a man at a graduation part in Hudson continued Wednesday morning.

Timothy Malone of New Waverly is claiming self-defense in the killing of Terry Adams.

The day started with District Attorney Art Bauereiss continuing the questioning of Adams' friend, Crystal Rita. The questioning centered on what Rita told former Hudson police officer Rudy Kimball.

Bauereiss asked Rita about what time this happened on May 15, 2010.

"It all happened so quick, I'm not sure about the timeframe," said Rita.

Bauereiss showed Rita several pictures of inside the house. Rita described them to the jury. The last picture she was shown was a picture of Adams.

Chocked up, Rita confirmed who it was.

"Yes, that's Terry," said Rita.

Bauereiss turned Rita over to defense attorney Bryan Cantrell.

Cantrell asked Rita to recall what she remembered about the incident.

"I didn't see, I was in the bedroom and all I heard was gunshots," said Rita.

Rita read to the jury what she had told Kimball.

"I guess he heard the revving of the trucks and he freaked out thinking someone was stealing his bike," said Rita.

Cantrell asked what she recalled about Malone handing over his keys.

"He handed Joel his keys and said get me up around 12," said Rita.

Bauereiss asked one more question at the end of questioning; asking her what she was doing before she talked with Kimball.

"Before I talked to him, I was in the room watching Terry die," said Rita.

The state then called Jordan Perkins to the stand. Perkins was a friend of Terry Adams and Joel Gresham and was at the party the night of the incident.

Perkins recalled that he arrived at the party prior to the defendant arriving. Parker said about an hour to an hour and a half after the defendant arrived, he was asking if someone could take him back to New Waverley.

Perkins says that  he and his friend, Kenny Alsbrook, said they could drive him and his bike home in their truck. Alsbrook said something that agitated Malone, who then had to be calmed down by Gresham.

That is when Gresham took the keys from Malone and took him to a room.  Parker recalled that everyone was outside near the garage having a good time, and that the defendant was the only one inside the house.

According to Perkins' testimony, as the party went on, Parker and Alsbrook started talking about Alsbrook's exhaust system on his truck and how Parker wanted to possibly upgrade his own exhaust pipes.

"We went out to the trucks, revved them up a couple of times, then went back to the party," said Perkins. Perkins said they were not playing a prank on the defendant and that he was only interested in Alsbrook's exhaust system.

Perkins said that it was about three minutes later when the defendant came out of the house.

"We told him no one had touched his bike and that Joel was the only one who knows where the keys are," said Perkins.

Perkins recalled that Gresham came up and tried to calm the defendant down, with Adams stepping between Malone and Gresham. Parker says that he could not see a gun, but could hear Adams talking about the bike. Perkins agreed that the only thing the defendant was worried about was the condition of the bike. It was at that point that the three of them went inside.

About five minutes after they went in the house, Parker says that Amanda Rita ran out of the house screaming and then about five minutes later another man ran out of the house.

Perkins said that it was about another five minutes before he heard gunshots come from inside the house.

"There were about six or seven shots fired," said Perkins.

Perkins said that he wanted to go in but a friend got everybody to go around back for safety.

"My first reaction was I'm going in the house to see if my friends are okay. I was not worried about my safety," said Perkins.

Perkins then drew a layout of the house, where Grisham's body was found.

The defense did a short cross-examination of Perkins, questioning his testimony to the state.

Perkins agreed with the defense that the defendant was only concerned about his bike.

The state then called Andrew Cockrell to the stand. Crockrell was friends with  most of the people at the party and was very familiar with Perkins and Alsbrook.

Cockrell said that he believed the only person that  had drank too much was the defendant.

When recalling the altercation between the defendant and Perkins and Albook, Cockrell stated to Baueriss that he told the defendant they were just joking.

When it came to the revving of the truck engines, Cockrell said it was just a friendly contest.

"I think they were just trying to see whose truck was the loudest. I think it went on for about five minutes," said Cockrell.

Cockrell claimed that the defendant came out while the trucks were still going at it.

Cockrell also told both the state and defense that he could see a gun in the hand of the defendant when he came out and confronted Adams and Gresham.

"It was mostly, Terry telling him to put the gun away," said Cockrell.

Cockrell's testimony did differ from Perkins in that he never recalled anyone leaving the house before the shots were fired, and that it all happened really qucickly.

He also varied on the amount of shots fired.

"it was four or five shots with a pause and then one final shot," said Cockrell.

After the state and defense were done with Cockrell, the state called former Hudson officer Rudy Kimball.

Kimball recalled that night.

"I was called out to a disturbance at Scogins road, but before I made it out there I saw a man struggling on a motorcycle," said Kimball.

Kimball and another officer approached the man, finding out after questioning that he was involved in the disturbance. Kimball pointed that man out as the defendant.

Kimball also found a firearm used in the incident.

"I found the firearm. It felt very warm and was ready to be used," said Kimball.

The state then called two expert witnesses; John Bean, a Texas Department of Public Safety, firearms examiner, and John Jackson, a forensic scientist, with DPS. Both were questioned on the validity of the test done to evidence from the crime scene.

Next on the stand was Chris Smith with the Hudson Volunteer fire department. Smith claims that when he arrived at the scene there were too men shot and that when he approached Adams, he was unable to revive him.

The final witness of the day was Michael Skates. Skates attended the party and according to his testimony he felt uncomfortable when the defendant approached him.

Skates says he went in the house at one point and was in the house when the three men got into an argument.

"Terry asked if the gun was loaded and Malone said yes, so Terry reached out and then there was the first shot," said Skates.

After a short series of shots, Skates claimed that he ran out of the house and dialed 911.

Hoping to prove their point, the state asked if he saw Adams and Gresham use force or threats and to that Skates replied, no.

The trial is set to continue at 9:15 A.M. Thursday, April 18 at 9:15 A.M. will have updates throughout the day.

Copyright 2013 KTRE. All rights reserved.