A Miller County prosecutor described a fatal shooting in a gas station parking lot last year as a senseless killing over a parking space during opening statements Monday afternoon in the trial of a motorcyclist accused of murder.
Little Rock lawyer Jason Files, who is defending Marvin Arrell Stanton, argued that the shooting was a "reasonable response and a last resort" for Stanton to defend himself during a fist fight Sept. 25 with Jessie James Hamilton at the Raceway on State Line Avenue in Texarkana, Ark.
A jury of six men and six women was chosen Monday to decide which theory fits the facts and whether Stanton is guilty of first-degree murder. Prosecuting Attorney Stephanie Black told the jury that Stanton had pulled into the Raceway around 10 p.m. on a large white motorcycle. Hamilton and two friends were in a small pickup at the gas pumps when Stanton ordered Hamilton to "move your (expletive) truck," Black told the jury.
Black said witnesses will testify that Stanton, who stands well over 6 feet tall and has a large frame, claimed to be a former Marine. This led a much smaller Hamilton, who was well under 6 feet, to respond that he too was a former Marine. Stanton allegedly showed Hamilton his gun and shoved Hamilton. Black said Hamilton reacted by punching the larger man in the face.
Eyewitness Kadedra Ellis testified she did not feel that Stanton was in danger of being seriously harmed during the fray when she saw a woman, Emily Robinson, intervene.
"The fight was broke up," Ellis said. "It looked like he (Hamilton) was walking away."
Ellis said Hamilton and Stanton were at most 3 feet apart when Stanton pulled his .45 and shot Hamilton in the stomach. Ellis and other witnesses said Stanton immediately began attempting to help Hamilton by putting pressure on the wound.
Texarkana, Ark., Detective Jason Haak said the fight lasted about 25 seconds before Stanton fired a shot. As Haak testified, the jury watched surveillance footage from the gas station that captured the tussle in grainy, silent images. A video filmed shortly after the shooting by local media, which showed Stanton, clad in a black leather vest with "Juggernauts" embroidered on the back, being escorted to a police car in handcuffs. Black asked Haak if Stanton appeared injured on the video or when officers photographed him about three days later.
"He was not limping," Haak said. "He had a small scratch on his face and he complained of tenderness in his thumb and knee."
Other law enforcement witnesses testified they collected a .45 semi-automatic pistol from a holster on Stanton's hip and recovered two magazines loaded with 26 rounds of ammunition from him as well.
Testimony is expected to continue this morning at the Miller County Courthouse in downtown Texarkana. Circuit Judge Kirk Johnson told the jury he expects the trial to last at least until Wednesday. If found guilty of murder, Stanton faces 10 to 40 years or life in an Arkansas prison. Moreover, prosecutors amended the charge Monday against Stanton to include a firearm enhancement. If the jury finds Stanton guilty of using a firearm during the commission of a felony, he faces up to 15 additional years, which must be served consecutively to any other term.
Stanton is free on bond, having posted $250,000 bail.
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