Witnesses give testimony on 2nd day of Conrad trial
By Kat Russell, Reporter
The Paducah Sun
March 18, 2016
http://www.paducahsun.com/news/local/031816_PS_Conrad_Day2
Kat Russell / The Paducah Sun
About a dozen witnesses gave hours of testimony Thursday during Jeffrey Conrad's second day of trial.
Conrad, 49, faces a murder charge after he shot and killed Garlon Casey Cox, 31, on June 8, 2015, at a Reidland storage facility. Conrad had caught Cox and his partner, Brandon York, 36, loading items from his storage unit into a red Ford Ranger pickup truck when the shooting occurred. Conrad has stated numerous times he shot Cox to protect his ex-girlfriend, Melissa "Missy" McKendree, who was helping Conrad move some items into storage that morning.
Thursday's witness list consisted mostly of sheriff's officers, including Det. Capt. Matt Carter, who was the lead investigator on the case, and Sheriff Jon Hayden, who supervised the investigation.
The bulk of Carter's testimony focused on the four statements Conrad made in the hours and days following the shooting, testifying that each time Conrad recounted his story, the story changed slightly.
"Breaking down these statements, starting off with the 911 call that has really no reference to anyone's safety except Jeff saying 'I feared for my life,'" Carter said.
Conrad made his second statement to Hayden, Carter said. That was the first time Conrad mentioned his concern for McKendree.
"The second statement he made was with Sheriff Hayden, where he referenced (Cox) had reached down and put the vehicle in reverse, started to back up and (Conrad) fired," Carter said. "He references that (McKendree) is standing behind the truck, but there's no reference whatsoever to being in fear for her safety."
The third statement was to be taken at the sheriff's office, Carter said, but when they got there, Conrad opted not to speak.
"He actually chose to not speak to me with the exception of making it clear that the only thing he wanted me to know was he was in fear for his girlfriend's life - that the truck was going in her direction and that's why he shot," Carter said. "I felt that was definitely inconsistent based upon his first statements."
Conrad's fourth statement was an interview he gave to a local TV station after he was arraigned. The prosecution played that video for the jury.
"(That) interview is more geared toward being in fear for his girlfriend's life," Carter said.
In the video, Conrad recounts his story, saying he shot Cox because he was not willing to gamble with his friend's life.
"If (Cox) had driven forward, he'd be alive today," Conrad says in the interview. "If he'd just sat there, he'd be alive today. But he put (the truck) in reverse and my friend (McKendree) was standing behind him, about 50 feet away I think ... I didn't have time to stand there and contemplate will she be able to move, is he going to aim for her or will he hit her. He put it in reverse, he moved about six inches and I fired."
Conrad also expressed regret in the video, saying he wished Cox hadn't put them in that situation.
Carter also testified to the photos, measurements and evidence collected at the scene as well as the evidence confirming York and Cox had been using drugs and stealing from Conrad's storage unit.
Hayden testified, saying he found his conversation with Conrad at the scene to be concerning.
"I remember what struck me as being kind of odd was the emphasis on (Conrad's) statement was 'I told him to stop and he didn't stop,'" Hayden said. "I remember that being somewhat concerning to me ... It was just a little alarming that (Conrad) was so adamant about that."
Defense attorney Doug Moore aggressively cross examined Carter and Hayden, also using Carter's testimony to contradict what Cox's partner, York, had said his in testimony the day before.
On Monday, York testified that Conrad had walked over to Cox's truck and fired immediately at Cox. York also suggested the truck was turned off when Cox was shot and could not have moved.
Moore attacked those statements, verifying with several testifying deputies, who had responded to the scene, that the truck's ignition switch had been in the "on" position and no evidence had been found to suggest Conrad or McKendree had altered the scene before officers arrived.
Moore also hammered home the fact that Cox and York had been high on drugs and stealing from the unit when Cox caught them, displaying multiple stolen items on the courtroom floor for the jury to see.
At the conclusion of the prosecution's case, Moore motioned for McCracken Circuit Judge Tim Kaltenbach to issue a direct verdict acquitting Conrad of the murder charge. Moore stated the prosecution had failed to prove Conrad acted with the intent to kill Cox and that Conrad had acted in self defense or defense of another, making the murder charge against Conrad invalid.
Kaltenbach denied the motion stating, "Just because a person claims self defense, how does that make a case automatically not murder?"
Conrad's trial will resume at 10:30 a.m. today. It will be the defense's first day to present its case.
Contact Kat Russell, a Paducah Sun staff writer, at 270-575-8653.
Conrad, 49, faces a murder charge after he shot and killed Garlon Casey Cox, 31, on June 8, 2015, at a Reidland storage facility. Conrad had caught Cox and his partner, Brandon York, 36, loading items from his storage unit into a red Ford Ranger pickup truck when the shooting occurred. Conrad has stated numerous times he shot Cox to protect his ex-girlfriend, Melissa "Missy" McKendree, who was helping Conrad move some items into storage that morning.
Thursday's witness list consisted mostly of sheriff's officers, including Det. Capt. Matt Carter, who was the lead investigator on the case, and Sheriff Jon Hayden, who supervised the investigation.
The bulk of Carter's testimony focused on the four statements Conrad made in the hours and days following the shooting, testifying that each time Conrad recounted his story, the story changed slightly.
"Breaking down these statements, starting off with the 911 call that has really no reference to anyone's safety except Jeff saying 'I feared for my life,'" Carter said.
Conrad made his second statement to Hayden, Carter said. That was the first time Conrad mentioned his concern for McKendree.
"The second statement he made was with Sheriff Hayden, where he referenced (Cox) had reached down and put the vehicle in reverse, started to back up and (Conrad) fired," Carter said. "He references that (McKendree) is standing behind the truck, but there's no reference whatsoever to being in fear for her safety."
The third statement was to be taken at the sheriff's office, Carter said, but when they got there, Conrad opted not to speak.
"He actually chose to not speak to me with the exception of making it clear that the only thing he wanted me to know was he was in fear for his girlfriend's life - that the truck was going in her direction and that's why he shot," Carter said. "I felt that was definitely inconsistent based upon his first statements."
Conrad's fourth statement was an interview he gave to a local TV station after he was arraigned. The prosecution played that video for the jury.
"(That) interview is more geared toward being in fear for his girlfriend's life," Carter said.
In the video, Conrad recounts his story, saying he shot Cox because he was not willing to gamble with his friend's life.
"If (Cox) had driven forward, he'd be alive today," Conrad says in the interview. "If he'd just sat there, he'd be alive today. But he put (the truck) in reverse and my friend (McKendree) was standing behind him, about 50 feet away I think ... I didn't have time to stand there and contemplate will she be able to move, is he going to aim for her or will he hit her. He put it in reverse, he moved about six inches and I fired."
Conrad also expressed regret in the video, saying he wished Cox hadn't put them in that situation.
Carter also testified to the photos, measurements and evidence collected at the scene as well as the evidence confirming York and Cox had been using drugs and stealing from Conrad's storage unit.
Hayden testified, saying he found his conversation with Conrad at the scene to be concerning.
"I remember what struck me as being kind of odd was the emphasis on (Conrad's) statement was 'I told him to stop and he didn't stop,'" Hayden said. "I remember that being somewhat concerning to me ... It was just a little alarming that (Conrad) was so adamant about that."
Defense attorney Doug Moore aggressively cross examined Carter and Hayden, also using Carter's testimony to contradict what Cox's partner, York, had said his in testimony the day before.
On Monday, York testified that Conrad had walked over to Cox's truck and fired immediately at Cox. York also suggested the truck was turned off when Cox was shot and could not have moved.
Moore attacked those statements, verifying with several testifying deputies, who had responded to the scene, that the truck's ignition switch had been in the "on" position and no evidence had been found to suggest Conrad or McKendree had altered the scene before officers arrived.
Moore also hammered home the fact that Cox and York had been high on drugs and stealing from the unit when Cox caught them, displaying multiple stolen items on the courtroom floor for the jury to see.
At the conclusion of the prosecution's case, Moore motioned for McCracken Circuit Judge Tim Kaltenbach to issue a direct verdict acquitting Conrad of the murder charge. Moore stated the prosecution had failed to prove Conrad acted with the intent to kill Cox and that Conrad had acted in self defense or defense of another, making the murder charge against Conrad invalid.
Kaltenbach denied the motion stating, "Just because a person claims self defense, how does that make a case automatically not murder?"
Conrad's trial will resume at 10:30 a.m. today. It will be the defense's first day to present its case.
Contact Kat Russell, a Paducah Sun staff writer, at 270-575-8653.
