DDA Trent Timm wins his first jury trial, guilty on two counts; not guilty on two others

A six men and six women jury that looked very relaxed when they came in for the verdict to be read, found James Richard Bevens guilty of possessing a cane sword and posession of meth.

They did not find him guilty of concealing dirk/dagger and prividing false information to a peace officer. Jury found beven guilty on Count 1 and 3 and Not guilty on Counts 2 and 4.

The jury deliberated less than three hours today after they heard closing arguments today which concluded at 11 a.m. The jury deliberated for an hour, took lunch and then came back to reach a decision today.

Opening arguments were Friday. I may do a summary later of the opening arguments and the officer's testimony. The main testimony was from Officer Ryan McElroy. DOJ's Matthew Kirsten was the only other witness, who did "further testing" on the meth testified. Mr. Kaleb Cockrum who represented Beven told me this afternoon that Beven did not testify. The defense did not present anny witness.

 In the three hours they deliberated, the jury sent two notes to the Judge. They are still talking with defendant's attorney Mr. Cockrum.

Since Beven was found guilty, he was also found guilty of violating probation on two older cases. Judge Feeney said that Beven was "guilty of violating probation by a preponderance of evidence."

Six of Mr. Timm's colleagues were in court for the verdict that was read around 4:30 p.m. after Judge Feeney had finished dealing with two complex cases on his 2 p.m. calendar that were time consuming. The jury had sent a note that they had reached a verdict around 3 p.m.

Mr. Cockrum requested that sentencing be in 45 days and Beven waived time for his sentencing which is on May 13 at 2 p.m. in Courtroom 1.

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Mar 27, 2015

Less than a month on the job, DDA Trent Timm does his first jury trial; charges included concealed dirk/dagger

This morning after Judge John Feeney read the complaint and gave the jury preliminary  instructions, DDA Trent Timm and Conflict Counsel's Kaleb Cockrum presented their opening arguments in the jury trial for James Richard Beven.

The charges are all misdemeanors. Count 1 is manufacturing a deadly weapon cane sword, Count 2 is carrying a concealed dirk dagger, Count 3 is possession of a controlled substance (meth), Count 4 is showing false ID to a peace officer.

If found guilty, Beven's probation will be revoked because that case is dependent on the outcome of this jury trial.

According to the court computers, Beven's program in a batterer's program has been terminated which was a condition of his probation from a previous case, in which he was found guilty of assault/ corporal injury on a spouse/cohabitant.

Depending on motions in limine that were heard before jury selection, the jury may not hear about Beven's prior conviction of a felony:DUI. Beven also has two previous Civil Protection cases, one in which disposition is listed as undefined, in the other administrative disposition. He has another criminal case in which he was found guilty of a drug offense.

Mr.Kaleb Cockrum told me before court started today said if Bevens testifies, his priors could come in.

EPD Officer Ryan McElroy finished his direct testimony. After break, Mr. Cockrum will cross examine the Officer.