Hamilton murder trial set to go to jury

FRANKLIN — A cousin of Marcus Hamilton testified Wednesday during Hamilton’s murder trial that he had no reason to believe Hamilton borrowed the cousin’s gun with the intent to kill the victim, Keyiona Chenevert, or anyone else.

A detective, who interviewed Hamilton, also testified that he believed Hamilton went to Chenevert’s apartment after she told Hamilton not to come over, fired two shots and showed no remorse for killing Chenevert, the detective said.

The medical examiner who performed an autopsy on Chenevert said she died from a single gunshot wound to the back of the head while the gun was more than 6 inches from her head. Although there has been conflicting testimony about whether Chenevert was pregnant, the medical examiner said she wasn’t.

Hamilton, 21, of Patterson, is on trial for the Jan. 21, 2013, shooting death of Chenevert, 18, of Bayou Vista. The trial began Tuesday at the St. Mary Parish Courthouse in Franklin.

A grand jury indicted Hamilton in May 2013 on the charge of second-degree murder, which is defined as the killing of a human being with specific intent to kill or inflict great bodily harm. A second-degree murder conviction carries a mandatory sentence of life in prison without the possibility of parole.

Prosecutor Anthony Saleme called two new witnesses to testify Wednesday and called a detective back to answer questions about an interview of Hamilton he helped conduct Feb. 28, 2013. Saleme also played a three-hour video of the interview for the jury.

Hamilton’s cousin Treylon Jenkins, 22, of Patterson, was the first witness to testify Wednesday. Jenkins said he owned a .45 caliber Taurus Judge revolver during 2011 and 2012.

Jenkins lent the gun to Hamilton two to three weeks before Jenkins permanently lost possession of the gun, he said. Hamilton called Jenkins between 10:30 p.m. and 11 p.m. Jan. 20, and Jenkins lent Hamilton the gun 15 minutes after the call, Jenkins said. Jenkins and Hamilton were neighbors in Patterson and lived about 50 yards from each other, Jenkins said.

Hamilton told Jenkins he needed the gun because he had to do a “lick,” Jenkins said. Jenkins didn’t think that phrase meant something bad, and said it’s a common phrase that doesn’t refer to any intent to kill. Jenkins said he thought Hamilton needed the gun for protection.

Hamilton looked “normal” and not angry when he asked to borrow Jenkins’ gun, Jenkins said.

Jenkins didn’t think Hamilton had any intent to do harm with the gun and wouldn’t have loaned the gun if he thought Hamilton was going to kill someone.

Jenkins was never charged in the case because he knew of no intent to use the gun in a crime, he said.

The gun was already loaded when Jenkins lent it to Hamilton, Jenkins said. Jenkins got the gun back from Hamilton about 4 a.m. Jan. 21, 2013, with two shell casings missing from the gun. The gun held five rounds.

Jenkins then lost possession of the gun in February 2013, and believed someone he knew stole the firearm, he said. Investigators brought in Jenkins for questioning Feb. 28, 2013. Jenkins learned of Chenevert’s death the day after he lent the gun to Hamilton, he said.

Another one of Jenkins’ cousins told him Chenevert was beaten to death, Jenkins said. Jenkins knew Chenevert from school and had last seen her in November 2012, he said. Jenkins knew Hamilton’s and Chenevert’s relationship to be a friendship, he said.

St. Mary Parish Sheriff’s Office Capt. Sennet Wiggins, who had testified briefly Tuesday, was called to the witness stand again Wednesday. Wiggins testified about Hamilton’s Feb. 28, 2013, interview at the sheriff’s office in Morgan City that Wiggins and Sheriff’s Office Capt. Jonathan Booth conducted. Booth no longer works for the St. Mary Parish Sheriff’s Office.

Wiggins said detectives arrested Hamilton for second-degree murder because the entire case pointed to second-degree murder. Hamilton got a gun from Jenkins and went to Chenevert’s apartment after she told him not to come, Wiggins said.

Wiggins gave Hamilton multiple opportunities during the interview to say the shooting was an accident, and Wiggins downplayed Hamilton’s involvement in the incident as an interrogation technique, he said. In fact, Wiggins believed Hamilton was unremorseful for killing his pregnant girlfriend, he said.

Hamilton didn’t shed a tear in the interview and was just upset at the end because he was going to jail, Wiggins said.

Much of Hamilton’s responses to detectives’ questions during the video were inaudible or barely audible on the video. In person, however, Wiggins said he clearly heard Hamilton’s answers.

Hamilton can be heard on the video repeatedly saying he had nothing to do with Chenevert’s death and didn’t know anything about it.

Detectives told Hamilton several times that Jenkins gave him up, but Hamilton said Jenkins was giving a “bull story” to “get the heat off” himself.

Wiggins testified that Hamilton was vague and generic when answering questions and couldn’t tell detectives where he was the night of Jan. 20, 2013. During the third hour of the interview, detectives showed Hamilton a warrant for his arrest on the charge of second-degree murder, Wiggins said.

Hamilton then said, “I’m going to jail. It’s over for me.”

However, Hamilton still maintained that he had nothing to do with Chenevert’s death.

Wiggins eventually told Hamilton that “it’s time to make things right.”

Hamilton said Chenevert was a girl he felt serious about. Detectives asked him if he was mad at Chenevert for dumping him and threatening to take the baby from him. Hamilton said he doesn’t get mad or let his emotions get the best of him, even though he got a little upset at Chenevert for cheating on him, he said.

Hamilton initially stated during the interview that he had already told detectives everything the first time they interviewed him in January 2013, Wiggins said.

Hamilton stated that Chenevert had told him she was pregnant and had come up with a plan to make money to support the baby, Wiggins said. Hamilton told detectives that Chenevert had asked Hamilton to accompany her to Texas for protection, Wiggins said.

On Jan. 20, 2013, Hamilton stated two other men were at Chenevert’s apartment while Hamilton was there. Hamilton stated that one of the men came at Hamilton with a knife, and Hamilton shot the gun twice hitting Chenevert in the back of the head once, Wiggins said.

Dr. Samantha Huber, chief medical examiner for the Orleans Parish Coroner’s Office, performed the autopsy on Chenevert. Huber ruled Chenevert’s cause of death a gunshot wound to the back of the head. Huber determined that the gun was over 6 inches from Chenevert’s head when it was fired and was definitely not in contact with her head when fired.

The autopsy also revealed that Chenevert wasn’t pregnant at the time of her death. Toxicology tests showed her blood contained THC, a major component in marijuana.

There was no proof that Chenevert lived for any amount of time after she was shot, Huber said.

Huber found several bullet fragments in Chenevert’s head with the largest fragment lodged in her right temporal bone. The bullet entered near the middle of the back of the head, but there was no exit wound.

Hamilton’s attorney, Garron Johnson, did not call any witnesses either Tuesday or Wednesday. Both the prosecution and defense rested at the conclusion of Wednesday’s proceedings. Hamilton chose not to testify, Johnson said.

The trial was scheduled to reconvene at 10 a.m. today. Jurors were going to examine the physical evidence presented during the trial followed by Saleme’s and Johnson’s closing statements.

Judge Keith Comeaux was then scheduled to give jurors their instructions before they go into deliberation.