LUFKIN, TX (KTRE) - The re-trial of Timothy Malone lasted all last week and has now entered its second week. Monday saw Malone on the stand for questioning.
Malone is on trial for the death of Terry Adams at a college graduation party in 2010 at a house in Hudson. The first trial ended in a hung jury.
Malone shot Adams after an argument where Malone thought people were messing with his motorcycle. According to testimony, Malone confronted the two with a gun in his hand. After they went inside Malone said the mood changes.
Malone stated that he was worried.
"My concern was getting out of this house alive," said Malone.
Malone said that once inside the house with the two men, Gresham and Adams assaulted him and he believes that he was stabbed with either a screwdriver or set of keys.
"He said I was a dead man," said Malone.
District Attorney Art Bauereiss asked Malone if he saw a weapon.
"No, I never saw one," said Malone.
"While we were struggling, he began to take the gun and that's when I had to pull the trigger," said Malone.
"You had to," said Bauereiss.
"Yes," said Malone.
According to Malone, after the first shot, Adams clinched him tight, and he continued to shoot.
After a brief lunch recess, Judge White allowed for Bauereiss to bring up an old incident from 2004, where Malone pulled his gun on a roommate that had threatened him.
Malone defended himself with the incident saying his roommate at the time, pulled a knife in the argument and left him no choice but to grab his gun, the same gun used in this case. Malone's attorney Mr. Cantrell pointed out to the jurors that Malone was never charged or punished for the incident.
Cantrell continued his questioning by asking if he was ever given a chance by Adams or Gresham to leave the party once the argument started.
"He was climbing on me the whole time," said Malone. "There was no moment when I had a chance to do anything other than defend myself,' said Malone."
Cantrell asked Malone why he pulled the trigger, and Malone gave only one reason.
"He was about to kill me. I tried everything to stop him but I couldn't stop him," said Malone. "As he pulled the gun away, I felt my life slipping away. I had to pull the trigger," said Malone."
After a quick back and forth of short answers, both sides had no further questions.
The court is currently in a short recess while the defense discusses some matters with Malone.