Highlights of prosecution opening arguments in the Bodhi Tree trial

Elan Firpo started her opening argument with the date of the first incident, May 15,  which was the alleged shooting of Rhett August and for which Bodhi Tree is charged with attempted murder. She described the apartment, the time, 11 p.m. , described the scene. Rhett goes to the answer the door, cannot see who is there but the porch light indicates someone approached the door. Peers through the security screen, still no one in sight. Opens the door and walks out in the darkness Says hello. 3 to 5 shots ring out and the 2nd shot hits Rhett.

All he sees is muzzle shots, does not see who shot him, hears more shots and footsteps on the gravel driveway. As she was setting the scene, Ms. Firpo pointed out the releavance and connection of the driveway. He lifts his shirt and sees he has been shot. Goes up to his apartment and tells this to his friends. They think he is kidding until he shows them his wound. Ms. Firpo tells the jury that Rhett had to have part of his lung removed. "He has no idea of who and why he was shot," said Ms. Firpo.

She told the jury that the police did their investaigation, that "there is no good reason" why Rhett August was shot. "I am going to tell you what we believed happened."

Then she tells them about a few days ago when Rhett and his friends had a party. "They run with a wild crowd," she said. "One of the people he invited was Mr. Bodhi Tree." Ms. Firpo said Rhett and Bodhi were not good friends. But they knew each other.

According to the prosecution, at the party, a female guest rebuffed Bodhi Tree's advances, he groped her, she complained. Several men at the party came to her defense. They jumped and beat Bodhi.

"Rhett will tell you he did not participate or encourage the beating but he was present. Bodhi left some items which Rhett delivered on May 14," said Ms. Firpo. No communication between the two that day.

"You will hear Bodhi was pissed, " said Ms. Firpo. "You will hear from the police that Bodhi hid behind the trash can (when he allegedly shot at Rhett August). Rhett talked to the the police officers at the hospital. Between May 15 and May 28 there was another shooting, by that time the police have a theory." May 28 was the second time the police spoke to Rhett.

Ms. Firpo then described the Eye street shooting involving Christina and Sunshine. "When the police arrived, they find a temporary bed in the living room. The female victim dead, a roomate applying pressure to the male victim's chest. Sunshine died later." Several gunshots, roomate describes a black man with a tatoo that says Tree, identified later as the defendant. Roomates found his personality "off-putting." Ms. Firpo related an incident by one of the residents at the Eye street house where allegedly Bodhi Tree got very upset about a sweatshirt he had left in her room and when she moved it.

Again, allegedly Bodhi Tree put the "moves on Christina", her boyfriend Sunshine tells him to "back off" and they are both shot at close range. Ms. Firpo said that Bodhi Tree shows a firearm to one of the witnesses. That he was missing after the shootings. Sean Butler-Smith is the prosecution witness whose testimony ties the two incidents.

Ms. Firpo then related the testimony of two witnesses, Charlie and Sean that allegedly drove Bodhi Tree to Rhett August's house. How he ended up at the Eye Street house. Sean took him there. "Sean Butler Smith is not a person who normally talks to law enforcement but he knew he took Bodhi Tree to the Eye Street house," said Ms. Firpo. Prosecution has subpoenaed other witnesses who refused to testify, "they are not showing the same courage as Sean Butler-Smith."

Ms. Firpo said the police did investigate other leads, it is their job. She did state they had not recovered the firearm used in the shootings. Ms. Firpo was also upfront about Sean Butler-Smith's heroin use.

Ms. Firpo was very calm and spoke in a firm but gentle manner when she addressed the jury. She used Bodhi and other witnesses first names and nicknames several times instead of Mr or Ms. and did the same with the victims which I thought was very effective. It personalized those involved.