Jury begins deliberations in case of man accused of shooting boy

April 02, 2003|By Allison Klein | Allison Klein,SUN STAFF

In booming closing arguments yesterday, both lawyers in the Perry Spain trial attacked each other's credibility and implored the jury to do the right thing for Spain, who is accused of shooting a 10-year-old boy in the neck last summer.

The jury began deliberations yesterday in the case against Spain, who is charged with attempted murder, assault and handgun crimes in connection with the wounding of Tevin Davis. Spain could be sentenced to up to 93 years in prison if convicted of all offenses. Jurors recessed last night and will resume deliberations this morning.

In a closing argument, prosecutor Roger Harris quoted the New Testament and spoke loudly for almost an hour, recounting his version of events and telling jurors that Spain shot Tevin as he played on the steps of his West Baltimore home.

"There's no question what happened to Tevin Davis, and there's no question who did it," he said.

Defense lawyer Warren A. Brown said Harris did a "woeful" job in trying to prove Spain did it, and said Tevin will not heal any faster if jurors convict Spain.

"If you yell loud enough, does it make it so?" Brown said to Harris. "Let's chill with the drama. Tevin's aches and pains and nightmares aren't going to go away if you convict the wrong man."

Two alternate jurors who were released from duty before deliberations were divided. One said she would have voted to convict, and the other said she would have voted to acquit.

Rodney Harden, Tevin's father and the only eyewitness, who testified that he saw Spain shoot Tevin, said yesterday that he has "no hard feelings" toward Spain. He said if Spain had apologized for shooting Tevin, he wouldn't have testified against him.

"All he had to do was apologize, and we wouldn't have taken it this far," Harden said.

Tevin was shot about 9 p.m. July 15 last year as he was playing with friends. He was shot in the neck and the bullet exited through his mouth. Police say Spain was shooting at some men who had just robbed him.

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