NEW BOSTON, Texas-An alleged eyewitness to the 2015 murder of a 24-year-old Texarkana man testified Tuesday that the shooter threatened to harm him if he didn't keep quiet.
Marquell Deonte Smith, 22, faces five-to-99 years or life if found guilty of first-degree murder in the Feb. 23, 2015, killing of Christopher Guilbeau. Among the witnesses who testified in the first day of Smith's trial was Devonte "Dee" Evans, a man who claims Smith pointed a gun at him after Smith killed Guilbeau.
Evans testified under questioning by First Assistant District Attorney Mike Shepherd that he was homeless and had been sleeping in abandoned cars when he spotted Guilbeau sitting in a white Dodge pickup on the morning of Feb. 23. He said that when he approached Guilbeau and asked for a cigarette, Guilbeau handed him three smokes and a lighter as well.
Evans said he was walking away when Guilbeau called him back to the truck and asked if he knew of anyone who might be interested in purchasing methamphetamine. Evans said Guilbeau offered to give him a cut of any money he made in a drug sale in exchange for his help.
Evans testified that he got in the passenger seat and directed Guilbeau to a duplex in Texarkana, Texas, where he knew Smith was staying with a girlfriend, Shamari Newton. Evans said Guilbeau stayed in the truck while he went to Newton's apartment and asked Smith, who he knows by the nickname "Pig," if he was interested in buying Guilbeau's drugs. Evans said he went back to the truck's passenger seat after Smith told him he'd be down to make the deal.
Evans said the two men discussed a price and then, "things got quiet. There was an awkward silence."
Evans said he saw the tip of a gun barrel pointing toward Guilbeau from the backseat on the passenger side, where Smith was sitting. Evans said he heard Smith say, "Come off with that s**t," meaning, "hand over what you have."
Evans said Guilbeau appeared to be trying to get out of the pickup after the first shot was fired, and that Smith repeated himself, "Come off with that s**t," before shooting a second time. Evans said Guilbeau slumped forward after the second shot but that Evans repeated himself a third time before firing a third bullet.
"They were ringing," Evans said of his ears. "The windows were up, I saw smoke, a big flash and smoke everywhere."
Evans said he and Smith got out of the truck at the same time.
"He put the gun to my neck and told me to keep my mouth closed," Evans testified.
Evans said fear of Smith and fear of being labeled as a "snitch" while living on the street kept him from telling police about the murder. Evans said he moved into a neighboring community with a family member and is now working at a restaurant.
"I want to apologize to his family. I took him over there," Evans said.
Texarkana lawyer Bruce Condit questioned Evans at length as to how Guilbeau could have been shot once in the side of his face and twice in the back based on Evans' descriptions of where the men were sitting. Evans said that during a Dec. 2, 2015, interview with police he was reluctant to admit what he'd seen because he was still afraid of Smith and his family.
"But you knew Marquell was in jail where he couldn't get to you, didn't you," Condit asked.
Other witnesses who testified included members of law enforcement from Arkansas, Oklahoma and Texas.
Texarkana, Ark., Capt. Bobby Jordan told the jury that Guilbeau's step-father, John Cates, made a missing person report on the evening of March 4. Jordan said Cates reported that Guilbeau's family had not heard from him since Feb. 22.
Jordan said Guilbeau's pickup was listed as stolen and wanted in connection with a missing person case at approximately 5 p.m. on March 5. Jordan said the truck was pulled over by police in Tulsa, Okla., an hour and 15 minutes later. Smith's co-defendant in the case, Brandon Brown, was driving the truck with Smith, Brown's girlfriend and baby riding inside. Smith and Brown were taken into custody.
Under questioning from Condit, Jordan said his concern for Guilbeau was heightened because the truck was found without him in it. Also, a satchel containing Guilbeau's wallet and identification as well as mail addressed to him had been found Feb. 24 in an alley off of Waterall Street in Texarkana. In addition, Guilbeau hadn't picked up his last paycheck from work and his parents hadn't heard from him in 10 days.
Texarkana, Ark., Detective Wayne Easley testified that he and Texarkana, Ark., Detective Paul Nall traveled to Tulsa to interview Smith and Brown the morning of March 6. Easley testified under questioning by Assistant District Attorney Katie Carter that Smith, "just made up stories and lied."
A videotape of Easley's and Nall's interview with Smith was played for the jury. In the interview, Smith claimed at first to have rented the truck two days before from a Mexican named Eddie who he knew through a Mexican named Ken. When confronted by the detectives about being photographed Feb. 28 inside the truck as it ran a red light in Dallas, Smith's speech became confused and difficult to understand.
Guilbeau's body was discovered in a wooded area near the Della and 12th streets on the evening of March 6, testified Texarkana, Texas, by patrol officer Brad Sweeden.
Crime scene photos displayed for the jury showed that Guilbeau's corpse was covered with carpet padding and secreted in an area thick with branches and foliage.
Crime Scene Investigator Spencer Price testified Guilbeau was shot once in the face and twice in the back, likely with a .38 caliber revolver. On cross examination, Condit questioned Price at length about the testing of evidence, alluding that unanswered questiuons leave reasonable doubt as to who was the shooter.
Testimony from more of the state's witnesses is expected to continue this morning at the Bowie County courthouse in New Boston before the jury of nine women and three men with 202nd District Judge John Tidwell presiding. A verdict in the case is expected Thursday or Friday.