CHEYENNE — State and defense attorneys argued Thursday about which Cheyenne man had the most to fear when Adrian Maggos shot Matthew Kerlee in the chest on April 30: The defendant on trial for attempted second-degree murder, or the man who showed up uninvited at his house at 4:15 a.m. after a night of heavy drinking and drug use.
The eight-man, four-woman jury spent seven hours deliberating on the third day of the trial before going home at 5 p.m. First Judicial District Judge Nathaniel Hibben directed them to resume their deliberations at 9 a.m. Friday.
Defense attorney Stacy Kirven said Maggos was attacked by Kerlee, who showed up at his house at 3523 Central Avenue with Maggos’ ex-girlfriend, Parres Mondragon. She said Kerlee threw the first punch at her client.
But Laramie County Assistant District Attorney Steven McManamen said Kerlee was only dropping off Mondragon, the sister of one of his good friends, when the former lovers began yelling and fighting in the yard.
The prosecutor said when Kerlee saw Maggos throw Mondragon hard into his car and threaten to hurt her more, he got out of the vehicle and took a swing at the defendant.
Kerlee missed, and testified Tuesday that at that point he blacked out. But witnesses told Cheyenne police officers the fight between the two men continued. McManamen said Mondragon later told police Kerlee wasn’t winning.
Witnesses Scattered
When a gunshot rang out, people scattered. Mondragon ran across the street and hid in a window well. Twenty seconds after the first shot, another one hit Kerlee in the chest, and he fell to his knees.
The sounds were captured by door cameras that were played for the jury.
The fight wasn’t over. After Kerlee screamed that he’d been shot, he said Maggos approached him and pistol-whipped him while he was on his knees, hitting him over the right eye and on the crown of his head.
After a few more taunts, he said, Maggos left him.
Maggos allegedly told friends later that he “secured” the weapon, which has never been found.
A woman in a nearby house heard the shots and came outside. When she saw Kerlee bleeding from his chest and his head on the sidewalk, she called 911 and applied pressure on his chest wound until three police officers arrived a few minutes later.
Threatening Text
Kirven said Maggos feared for his life because Mondragon had sent a text and told him she was bringing over Kerlee. The attorney said Mondragon told him on April 19 that Kerlee would come over and “beat your ass.”
On the night of the shooting, Mondragon also threatened to break Maggos’ windows if he didn’t meet them outside when they pulled up.
McManamen said the defense’s theory in the case — that Maggos was afraid for his life — doesn’t make sense. He said Kerlee did throw the first punch, but it missed, and as the fight continued, witnesses said it was Kerlee who was losing.
The prosecutor asked why Maggos would feel so threatened that he would shoot a man he was beating, and then feel the need to inflict more damage by hitting him twice in the head with his gun.But Kirven said Kerlee — who later tested positive at Cheyenne Regional Medical Center for methamphetamine, fentanyl, THC and alcohol — was out of control because of the drugs and alcohol and a danger to every one, especially Maggos.
Kirven questioned why police didn’t further investigate why two different brands of 9-mm cartridge casings were found at the scene and test them for DNA. The police were later given a 9-mm gun by Maggos’ brother that was in the house, but testing indicated that it wasn’t the gun used to shoot Kerlee.
“They didn’t care about the truth because they already had their minds made up about him being the bad guy here,” said Kirven.
Kirven also said police should have gotten DNA and other evidence from the hoodie Maggos wore at the time of the shooting. The state contends he shot Kerlee with a gun hidden in a “kangaroo pocket” that allowed him to fire without pulling it out.
Suspect Named Kerlee
The defense attorney also suggested there could have been someone else at the scene of the shooting who was responsible for firing a weapon.
But McManamen said there was no reason for the jury to look for another suspect, because Kerlee testified that Maggos shot him, and when the suspect was being taken to jail after surrendering to police about eight hours later, he named Kerlee as the victim.
The prosecutor also said that far from threatening her ex-boyfriend the night of the shooting, Mondragon had sent him a text with “a lovey-dovey, heartfelt song” — “Emotionless” by Drake.
“That’s not a threatening song,” McManamen said.
After the state rested its case early Wednesday afternoon, Kirven moved for an acquittal based on lack of sufficient evidence that Maggos “maliciously and purposefully” intended to kill Kerlee. But Hibben denied that motion, and the defense rested without calling any witnesses.
The jury has two options to consider: Guilty of attempted second-degree murder or the lesser-included offense of attempted voluntary manslaughter. If convicted of the former, Maggos could be sentenced to a term of 20 years to life in prison.
