LUFKIN, TX (KTRE) - The trial of a New Waverly man, accused of killing a man at a graduation part in Hudson continued Friday morning.
Timothy Malone of New Waverly is claiming self-defense in the killing of Terry Adams.
Toward the end of Friday's testimony, Malone took the stand in his own defense. He told the jurors that the two men were telling the other party guests they planned on stealing his motorcycle.
At some point, Joel Gresham stepped in to settle the argument and offered him a place to sleep for the night, Malone said. He testified that he was too drunk to drive that night.
However, because he was still concerned about the security of his bike, Malone told Gresham to give him his keys, so he could go home. At that point, Adams, who was standing nearby, approached him aggressively.
Malone testified that even though he had his pistol in his right hand, he had the barrel pointed toward the ground. He said he told Adams to stop, but the other man kept coming.
The suspect explained to the jurors that he told Adams, "I don't want any trouble. I just want my keys."
Malone said Gresham then slapped him and swung at him with a fist. After that, Adams jumped on him, saying, "You're dead."
During the scuffle, Adams reached for the gun and was in the process of pulling it out of Malone's hand when Malone shot him. Malone testified that he continued to shoot Adams until he fell back.
When Malone heard someone running toward him, he fired a shot. He said that he missed on purpose because he didn't know who it was. Malone told the jurors that the person kept running toward him, so he shot again.
Malone told the jurors that it was never his intention to shoot anyone. He said he was terrified and shaking after he shot Adams and Gresham.
The day started with District Attorney Art Bauereiss calling Amanda Rita to the stand. Her sister, Crystal, had previously testified in the case.
Rita said on May 15 she was at the graduation party for her older sister. Rita told jurors she was 16 at the time and spent most of the party in the bathroom on her phone with her boyfriend.
Rita said noise from outside prompted to come out of the bathroom.
"I heard Terry and he sounded worried and I heard him say something about a gun," said Rita.
Rita said she opened the bathroom door and saw Terry Adams and Malone standing in the kitchen.
Rita says she heard Adams say, "Call the cops; he has a gun."
Rita told the jury her first thought was to get out of the house. She said she didn't notice any weapons in Adams' hand but heard gunshots right after leaving the house.
The state then read a transcript from Gresham's testimony from the first trial in November of 2010.
Gresham, who since the first trial has died of a heart attack, had previously testified that Malone caused concern among party guests, asking who was with who.
"It was just kind of strange. Why would he ask us that?" said Gresham.
According to the testimony Malone had been drinking and had given Gresham his motorcycle keys to put away.
Gresham had testified that Malone was concerned someone was going to touch his motorcycle.
"He was kind of flipping out and I didn't know what he was doing and I didn't know why," Gresham had testified.
Gresham testified that the defendant had an automatic pistol in hand.
Gresham testified that men were outside but no one was messing with his motorcycle and no one else had a weapon.
According to the transcript, Gresham testified he was going to get Malone his keys so he could leave.
"I was distraught, I didn't' know why he had a gun in my house," he said.
Gresham said that he went into the house and Malone and Adams followed,
According to the transcript, Adams asked Malone if the gun was loaded and Malone said yes.
A few moments later Gresham said he heard the first shot fired.
Gresham said he yelled to Adams to go outside after the first shot .
"The only thing I heard was Terry trying to talk him out of the gun or Terry telling him to put it away," said Gresham.
According to the transcript, Gresham told the jury he heard more shot being fired.
Gresham said that Malone came in the room where he was and shot his right leg.
He said didn't see anyone injured didn't see the gun go off but heard a loud noise.
"The only thing I heard was Terry trying to talk him out of the gun or Terry telling him to put it away," Gresham said.
Gresham said Malone unclipped, re-clipped and pointed the gun at him and asked for his keys. Gresham testified that his wife was screaming at Malone and he pointed the gun at her and slowly backed out of the room.