A Miller County jury is expected to decide this week if a man who threw a punch that led to another's fatal brain injury is guilty of manslaughter or of using justifiable force to defend a friend.
Taylor Caz Rogers, 27, is accused of manslaughter in the death of Jon Paul "J.P." Russell. Rogers struck Russell in the early hours of Aug. 29, 2015, at the Electric Cowboy, a now shuttered Texarkana, Ark., nightclub. A jury of nine men and three men was chosen Wednesday morning to decide the case and began hearing testimony mid-morning.
"Boys, booze and women. Never a good combination," Deputy Prosecuting Attorney Connie Mitchell said in opening statements Wednesday. "We don't believe he (Rogers), intended to cause the death, but this use of force was not justified."
Mitchell said the state's position is that Rogers recklessly caused Russell's death when he assaulted him.
Rogers' defense lawyer, Mickey Buchanan of Ashdown, Ark., described Russell as a "drunk" and Rogers as "defending his buddy," referring to Rogers' friend, Taylor Rosen, who is of slighter stature.
Witnesses testified Wednesday that Rogers' punch caused Russell to fall and strike his head on a table and then a concrete dance floor. The blows to Russell's head subsequent to Rogers' strike to Russell's jaw caused head trauma from which Russell's brain could not recover, Arkansas State Crime Lab Chief Medical Examiner Charles Kokes, M.D., testified. Russell was taken off life support and died about two weeks later. Kokes testified that notes from medical personnel who cared from Russell before his death indicate Russell's blood alcohol level was .17 when he was first treated at a hospital.
Lennon Davis, a former Electric Cowboy bouncer, testified that a fellow bouncer, Kris Pardue, warned him to keep an eye on Russell because Russell had said he intended to fight with Rosen. Davis said he was within arms reach of Rosen and Russell when the two exchanged words near the disc jockey's booth and that two or three other bouncers were nearby and paying attention to the verbal exchange as well.
"J.P. was upset, but he wasn't like fighting upset," Davis testified.
Davis said that while Rosen and Russell were shaking hands, Russell pulled Rosen toward him and said, "Don't walk away from me like a little b****."
Davis said Rosen responded by telling Russell not to call him a "b****," leading Davis to move closer toward the men. Davis said Russell reassured him the confrontation was ending and did not make a move to strike Rosen when Rogers' fist came from behind him over his shoulder and delivered a punch squarely to Russell's left jaw, causing him to fall. Davis said he grabbed Rogers' arm and escorted him outside where he later witnessed Rogers hit one of Russell's friends as well.
Davis said he knew Russell because Russell had worked at the Electric Cowboy as a bouncer and had been fired for not stopping fights, under cross examination by Buchanan. Davis said he believes Russell was upset with Rosen after seeing Rosen with a woman for whom Russell had been buying drinks in hopes of romance.
Meagan Kennington testified under questioning from Deputy Prosecuting Attorney Kristian Young that she and Russell were acquaintences who chatted about their families and lives at the bar in the hours before Russell suffered a traumatic brain injury. Kennington said Russell bought her one "shot" and that she and her female roommate danced with Rogers and Rosen during the night. Kennington denied kissing anyone, but admitted she was intoxicated.
Kennington said her girlfriend's roommate picked them up from the bar and took them to IHOP in Texarkana where they were met by Rogers and Rosen. Kennington said that while at the restaurant, Rogers spoke of hitting Russell.
"He said, 'He got what he deserved,'" Kennington said.
Former Electric Cowboy bouncer Kris Pardue testified that Russell told him he intended to fight Rosen, which led him to alert Davis to a potential problem. Pardue said he was watching the verbal confrontation between Russell and Rosen and believed Davis had the men well under control.
"If any punches had been thrown between those two he (Davis) could have easily shoved them apart," Pardue testified. "Lennon (Davis) didn't need any help with the situation."
Pardue testified under questioning from Buchanan that from his vantage point it did appear that Russell may have swung at Rosen and missed shortly before Rogers swung over Davis' shoulder. Buchanan questioned Pardue and Davis about bar policy and why Russell wasn't immediately made to leave when he expressed a desire to fight.
"J.P., of all people, knew not to get into a fight in front of Lennon (Davis)," Pardue testified.
Texarkana, Ark., Police Detective Paul Nall testified that he interviewed Rogers at the Bi-State Justice Building in downtown Texarkana Sept. 3, 2015. During a video of the interview played for the jury Wednesday, Rogers describes the positions of several security guards standing nearby in the moments before he delivered a punch to Russell's jaw.
Circuit Judge Carlton Jones instructed the jury to return to the Miller County courthouse this morning to hear additional testimony in the case. If convicted of manslaughter, Rogers faces three to 10 years in prison and a fine up to $10,000.