MAYVILLE – An Ellicott man’s future is in the hands of the jury.

On Wednesday, both the defense and prosecution gave closing arguments in the trial of Tucker Richard who has been charged with second-degree murder in the shooting death of his stepfather Scott Blake on Jan. 6, 2023.

The defense continued its argument that the shooting was done in self defense, while the prosecution introduced new theories casting doubt that Richard was ever in danger and arguing that Blake’s death was intentional.

DEFENSE CLOSING REMARKS

The day began with Public Defender Nathaniel Barone giving summations for his client.

Barone noted the trial was never about trying to identify the shooter. Richard, who was 18 at the time of the shooting, was the person who called 911 and told police he had shot Blake.

But Barone said it was done in self defense. “We’ve told you from the beginning that Tucker made a split section decision not to be a victim. Tucker made a split section decision to survive. Tucker made a split section decision to live. Tucker made a split second decision about what he believed he needed to do. He wasn’t going to die that night of Jan. 6, 2023. He was not going to die and he had every right. He had every justification to get that shotgun away from Scott Blake,” he said.

Barone spoke for a little more than an hour.

During his time, Barone was critical of how Richard was taken into custody, placed in a police car barefoot and wearing pajama bottoms in the middle of winter, taken to the police station and not given any medical attention, even though Richard apparently requested it.

Barone was also critical of the lead investigator, Kevin Pierce with the Ellicott Police Department, who Barone said determined the incident was not self defense “three or four minutes” after arriving at the scene. “You saw what Tucker looked like. Did that look planned out to you?” he asked the jury.

Barone also noted that during questioning, Richard was asked if he thought about leaving the house instead of shooting Blake. “Tucker had no time to think of options. He had no time to think of doing something different. He was in a fight for his life. It’s a fundamental right to fight for your life,” he said.

Barone noted there has been a lot of evidence introduced at the trial. He called it “window dressing” and said Tucker told police exactly what happened that night.

In the end Barone asked the jury to imagine what they would do in this situation. “Put yourself, each one of you, in the shoes of Tucker and understand the decision Tucker had to make at that very moment,” he said.

PROSECUTION CLOSING REMARKS

Following Barone, District Attorney Jason Schmidt gave his closing argument.

While Barone’s hour continued uninterrupted by the prosecution, Schmidt’s was much longer, totaling more than three hours, with multiple objections made by the defense throughout.

Schmidt told the jury it is his job to “present the evidence” and for them to make a verdict. “This is not about the emotions here. … Your job is to be as objective as you can,” he said.

He started out with a dry erase board facing the jury, where he wrote down the timeline of events.

According to testimony given by Jamestown resident Brian Peterson, he left Blake’s house around 9:55 p.m. the night of the fatal shooting. This appears to be confirmed by a traffic camera showing Peterson traveling in Jamestown five minutes later.

At 10:03 p.m. Richard called 911 and told police he had shot Blake.

Richard had originally told police he had been sleeping, that Blake charged in his room because his room was messy, hit him with a shotgun causing it to break, and from there a fight ensued.

Peterson’s testimony was that he heard Richard and Blake arguing, and that he told Blake that he wanted Richard out of the house because he “cut up his guns.”

Peterson also testified he heard a bang upstairs before Blake became angry.

Schmidt surmised that perhaps while Blake was upstairs, he found the broken gun, kicked in Richard’s bedroom door and the two began yelling at one another.

During Richard’s testimony he said that he had stabbed Blake when he broke into his room, but Peterson said that Blake did not appear to be injured when he came downstairs yelling about wanting Richard out of the house.

Schmidt argued that Richard did not stab Blake until Peterson left.

Schmidt also introduced a new theory on the stabbing. He noted that where the cut in Blake’s shirt was and where the stab wound was, it appears that Blake’s shirt had been raised before he was stabbed. He used the example of when a hockey fight ensues, and players pull up one another’s jerseys to disorient them.

Schmidt said he believes Blake and Richard were getting into a physical altercation when Richard pulled up his shirt and stabbed him.

Schmidt also argued that he believes Richard shot Blake after stabbing him and that he actually shot him on the porch, not in the house as Richard told police.

To give theory for the evidence, he noted how some blood and other body matter was outside and that the majority of the birdshot pellets fired from the gun were not recovered in the house.

Richard first told police that Blake went for the loaded shotgun downstairs and that while the two were fighting, the gun went off killing Blake.

In another version, Richard told police that he pulled the gun out of Blake’s hands downstairs and that he shot him because Blake appeared to be going to pick up another shotgun that was lying on the couch.

Schmidt tried to cast doubt on that theory, arguing that, according to Richard, Blake would keep his guns put away when Blake’s daughter was in the house and she had just been picked up by Peterson.

Peterson had also testified that he did not see a gun on the couch when he was there just minutes prior.

Schmidt said he believes after Richard shot and killed Blake, Richard went back in the house, took a gun out of the closet and placed it on the couch to give the impression that Blake was trying to get that gun when Richard shot him.

He noted the gun that was on the couch had Blake’s blood on it and he alleged that Richard accidentally transferred some of Blake’s blood on it when he placed it on the couch.

Throughout his summation, Schmidt picked up various photographs as well as Blake’s T-shirt with the bullet hole and hole from the stab wound.

Schmidt also picked up pieces of the broken shotgun and argued that if Blake had actually hit Richard with it, Richard would have been severely injured, especially if he hit him with such force that the gun would break.

During the summations, Schmidt picked up the broken gun’s barrel and dropped it on the floor. He said earlier in the day, that wasn’t his intent, but at that point he intentionally dropped the barrel.

Schmidt said he did that to show that sometimes intentionality isn’t planned in advance but still done with purpose. He argued that Richard’s actions were intentional when he shot and killed Blake.

After Schmidt’s closing remarks, the jury was sent home for the day. They will return Thursday morning where they will be given instructions by the judge and begin deliberations.