NEW BOSTON, Texas-A Bowie County jury found Marquell Smith guilty Wednesday afternoon in the February 2015 murder of Christopher Guilbeau.
The jury of nine women and three men began deliberating shortly before 5 p.m. after hearing closing arguments from First Assistant District Attorney Mike Shepherd, Assistant District Attorney Katie Carter and Texarkana defense lawyer Bruce Condit. They returned a guilty verdict shortly before 8 p.m.
The jury was instructed to return to the Bowie County Courthouse this morning for the punishment phase of Smith's trial. He faces five to 99 years or life in a Texas prison.
Wednesday morning, the jury heard testimony from Shamari Newton, 25, who has also been charged with murder in Guilbeau's death. Newton sobbed and had difficulty answering questions under direct examination by Carter. Newton testified that she, Smith and co-defendant Brandon Brown were in her apartment on Della Street the morning of Feb. 23, when Devonte "Dee" Evans knocked on the door and told Smith that he had a "white boy downstairs with something to sell."
Evans testified Tuesday that he was homeless at the time and had spent the night in an abandoned car behind a mechanic's shop. Evans noticed Guilbeau sitting in his pickup on 14th Street and asked him for a cigarette. Evans said Guilbeau was kind, giving him three cigarettes and a lighter. Next Evans said Guilbeau offered to give him some cash if he helped him sell some methamphetamine. Evans said his need for money led him to accept Guilbeau's offer and direct him to Newton's apartment where he knew Smith would be.
Newton testified Wednesday that Evans went back to Guilbeau's truck after Smith told him he'd be down in a minute. Newton said that after Evans left the apartment, Smith asked Brown for his gun. Newton said Brown handed him a pistol and stayed with her in the apartment while Smith went downstairs to Guilbeau's truck.
"I heard shots, gun shots, like two or three," Newton said. "Next, I heard a frantic knock at my door."
Evans testified Tuesday that while he sat in the passenger seat, Guilbeau sat behind the wheel of his truck and Smith sat in the back behind Evans. Evans said it was when things became awkwardly quiet that he noticed Smith was pointing a gun at Guilbeau. Evans testified that Smith demanded in slang terms that Guilbeau give him the drugs before shooting him in the face. Evans said Smith yelled again, shot again, yelled again and shot again.
"He looked as if his soul had left his body," Evans said of Guilbeau.
Evans said he and Smith "jumped" out of the truck at the same moment and that Smith held the pistol to his neck and warned him to keep quiet. Newton said Evans and Smith came back into her apartment and that Smith told her, "Be quiet and mind your own business."
Newton said she told all the men to leave and decided a short time later to walk to her grandmother's home. When she left, Newton said Guilbeau's truck was still parked in the alley but was gone when she returned later in the day. Newton said Smith returned to her apartment some time after the shooting.
"He said he had to shoot him because he moved," Newton said.
Newton said she turned down an offer from Smith and Brown to leave town with them and eventually changed her phone number so Smith could no longer call. Smith and Brown were arrested March 5, about 10 days after Guilbeau was killed, driving Guilbeau's truck in Tulsa, Okla. Guilbeau's body was discovered the following day in a wooded area near Newton's apartment. He'd been shot once in the face and twice in the back.
"He had already threatened Dee downstairs, and then he went upstairs and did the same thing to Shamari," Carter said in her closing argument. "Take into consideration, Mr. Smith had just shot and killed somebody. The threat was real and they were scared."
Carter said Evans and Newton made bad decisions immediately after Guilbeau's murder but made the right choice to testify.
Condit argued in his closing remarks that Evans, not Smith, was the shooter. Condit argued that law enforcement jumped to a hasty conclusion and quit investigating the case after arresting Smith and Brown in Guilbeau's truck.
"Mr. Evans lied in his first interview with Detective (Matt) Cashatt. He said he wasn't there until Cashatt gave him a choice to either be a witness or a suspect," Condit argued.
But Shepherd argued that Condit's theory didn't make sense.
"If Mr. Evans wanted to rob Chris Guilbeau, why not direct him out to some secluded area? Chris was only 135 pounds," Shepherd argued. "Think about this, after Mr. Smith threatened Dee and then threatened his own girlfriend, he rolled that body up in some carpet padding and stuck it in the woods. How cold and callous do you have to be?"
The jury's verdict in the punishment phase of Smith's trial is expected today.