Jury finds man not guilty in Hudson graduation party murder tria - KTRE.com | Lufkin and Nacogdoches, Texas

Jury finds man not guilty in Hudson graduation party murder trial

Posted: Updated:
Timothy Malone (Source: Angelina County Jail) Timothy Malone (Source: Angelina County Jail)
LUFKIN, TX (KTRE) -

After the state and the defense gave their closing arguments Tuesday morning, an Angelina County jury deliberated for several hours and found a New Waverly man not guilty of murdering Terry Adams at a graduation party in Hudson in 2010.

Timothy Malone's re-trail started last week in Judge Paul E. White's 159th Judicial District Court, and is now in its second week. Malone, a 37-year-old former prison guard is accused of killing Adams, 47. Arguing self defense, Malone pleaded not guilty to the charge.

During a November 2010 trial, the jury was unable to reach a verdict on a count of murder for Malone. They found him guilty of a separate count of aggravated assault on Joel Thomas Gresham, 45.

District Attorney Art Bauereiss told jurors that he had to prove to them that Malone committed murder. He urged them to view the evidence through the eyes of a reasonable person.

"It's obvious from the evidence that this is exactly what happened; he shot two unarmed men," Bauereiss said.

Bauereiss said the evidence shows Malone's intent was to kill, and that because of the multiple shot fired, he knew his actions would cause this result. The district attorney told the jury to review the laws concerning self defense.

"He must reasonably believe it's immediately necessary to use force," Bauereiss said.

Bauereiss described the scene for the jury by saying, "The defendant is drinking with a gun in his hand and using profanity, and Terry Adams acted as the hero."

Adams and Gresham were trying to keep Malone away from the party guests, Bauereiss said. He added that Adams' force wasn't unlawful: it was a natural reaction.

In his closing arguments, defense attorney Bryan Cantrell asked the jury to look at the situation through Malone's eyes. He said that Malone had been teased by the men and was the subject of their jokes.

Cantrell told the jury that Malone's motorcycle was his lifeline and was worried about what the mean would do to his bike.

"He didn't threaten anyone; he just wanted to leave," Cantrell said.

Cantrell told the jury to look at what happened in that room as self defense.

"He never lifted that weapon and said, ‘Guys you better back up.' He never lifted the gun," Cantrell said.

Cantrell said the Adams wasn't the hero because in Gresham's previous testimony Adams was in Malone's face.

"You don't get in someone's face to calm somebody down," Cantrell told the jurors.

During Monday's testimony, Malone told jurors that he confronted Adams and Gresham because he thought people were messing with his motorcycle. He said after they went back inside the house, the mood changed.

.Malone stated that he was worried.

"My concern was getting out of this house alive," Malone said Monday.

Malone said that once he was 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," Malone said during his time on the stand.

District Attorney Art Bauereiss asked Malone if he saw a weapon.

"No, I never saw one," Malone said.

"While we were struggling, he began to take the gun and that's when I had to pull the trigger," Malone said.

"You had to?" Bauereiss asked.

"Yes," Malone said.

Copyright 2013 KTRE. All rights reserved.

 

Powered by WorldNow
KTRE logo

KTRE

358 TV Road,
Pollok TX 75969

FCC Public File
publicfile@ktre.com
936-853-8639
EEO Report
Closed Captioning

All content © Copyright 2000 - 2014 Worldnow and KTRE. All Rights Reserved.
For more information on this site, please read our Privacy Policy and Terms of Service.