By Mary Rainwater
CENTERVILLE — State attorneys rested their case Tuesday in the capital murder trial of Jerry Duane Martin, with the jury hearing testimony from just two witnesses before taking a early leave in preparation for the defense’s arguments today.
In wrapping up its case, state attorney’s took the jury back to the scene of the Sept. 24, 2007, escape of Martin and fellow inmate John Ray Falk from the Texas Department of Criminal Justice’s Wynne Unit, which led to the death of TDCJ Officer Susan Canfield.
First to take the stand was Texas Department of Public Safety Trooper Sgt. John G. Tucker III, based out of Waller County, who was part of a team of DPS officers asked by Texas Rangers to map out scene of the City Service Center incident.
“We were called about the escape and asked to come assist,” Tucker said. “We first went to the Interstate 45 (Smither Road) overpass, where the ranger requested the City Service Center scene be mapped.”
On instinct, Tucker had carried with him a piece of equipment called a “total station,” a survey tool used for the purpose of accident and crime scene reconstruction.
“Each DPS officer on the team had a specific duty,” Tucker said. “One person would look through the station, others would walk the scene and move the prism and another would input data in the data collector.”
The team spent a few hours at the scene, mapping the location of evidence markers, machinery, tire marks and facilities and measuring distance from certain areas of the building to those markers.
Walker County District Attorney David Weeks asked Tucker about his experience in gathering information from tire tracks, and in identifying vehicles as “deadly weapons.”
“The tire treads were pointed out to us as part of the scene,” Tucker said. “Those appeared to be made by a vehicle accelerating in a turning motion — the treads parallel and heavy to the outside.”
The trooper was then asked to explain his experience in working car accident scenes, stating he had worked many accidents during his 32 years with the DPS.
“I have seen a lot of accidents involving one-ton trucks,” he said. “(According to the definition of the penal code) it can be a deadly weapon.”
In cross examination, defense attorney Paxton Adams questioned Tucker about the condition of the scene upon the team’s arrival — presenting drawings the lawyer himself had made up.
“When we got to the lot, I was not aware of anything that had been moved,” Tucker said. “The stolen truck, the body and the horse were not on the scene, but we knew they had been there at one point.”
Adams went over with Tucker some scientific formulas used in accident reconstruction including reaction time, velocity and the conversion of miles per hour into feet per second.
The attorney then went on to discuss the location of the stolen City of Huntsville truck, questioning whether or not Tucker was able to see the truck at all.
“We viewed the truck at a different location — at the old KFC (where the escapees had abandoned it),” the trooper said. “We took no pictures or measurements of the truck. We were not the lead investigators and were not asked to do it.”
The state’s second and last witness was TDCJ Officer Philip Lynch, who was working as a field boss at the Wynne Unit on the day the escape occurred.
After outlining for the jury other TDCJ officers on the scene and their locations, Lynch was asked to relay details about his involvement in the incident.
“First I heard hollering. I looked over and saw two inmates, Martin and Falk, fighting with (Officer Joe) Jeffcoat,” Lynch said. “They were pulling at him. Martin pulled Jeffcoat’s foot out of the stirrup and pushed him over the horse and they started wrestling.”
Martin retrieved Jeffcoat’s pistol during the struggle and threw it to Falk. The inmates then began to run toward the City Service Center. Lynch ordered his squad down and asked a coworker to watch them.
“I took a shot at Falk as he started over the fence,” he said. “But I couldn’t take another one because Officer Canfield was in my line of fire.”
Lynch then turned his attention to Martin, he said, firing two shots at the inmate — one as he was running toward the city truck and the second just as he got to the vehicle.
“Canfield had been exchanging fire with Falk, and was struggling with him on horseback over her rifle,” Lynch recalled. “Martin had gotten into the truck and accelerated, heading right into Canfield.
“Then he stopped the truck to pick up Falk — he had to run around the truck to get in.”
In cross examination, defense attorney William Carter pressed Lynch for more details about what he saw at the scene, particularly about the moment Canfield was hit by the truck.
“I know Martin was accelerating because I saw it, I heard it,” Lynch said. “Martin hit (Canfield) and her horse, both she and the horse flew up and Canfield hit the truck, before they both went over onto the ground.”
Carter later asked Lynch about a separate incident, where the attorney sent an investigator to Lynch’s home and, according to Martin, Lynch made threats against the investigator and refused to talk to him.
“He was on my property. He was trespassing,” Lynch said, heatedly. “No I wouldn’t talk to him. I still won’t.”
The outburst led presiding 278th State District Court Judge Kenneth H. Keeling to reprimand Lynch, telling the witness that he must cooperate in court and answer questions from attorneys.
The jury only sat a few hours in the court room Tuesday, as attorneys spent a significant amount of time hashing out objections to evidence and witnesses set to take the stand for prosecutors.
Upon one of those objections, a state witness was removed from the list of expected testimonies for the day. Keeling stated that witness’ testimony would be more relevant in a sentencing hearing.
The defense will begin their case at 9 a.m. today, when the trial resumes at the Leon County courthouse in Centerville.
