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Burris acquitted of murder
'It's not fair,' victim's mother says
By ESTEBAN PARRA
Staff reporter
09/06/2003
A 52-year-old man who said he was defending himself last year when he shot into an approaching crowd, killing a teen and wounding another man, was acquitted of all charges Friday by a Superior Court jury.
Family members, some with tears in their eyes, others clenching fists to their faces, breathed a sigh of relief as the jury forewoman read the verdict. The decision cleared Robert Burris Sr. of first-degree murder, attempted murder and two weapons charges.
"I was scared that he wasn't coming home," Burris' son, Robert Jr., said outside the courtroom.
Defense attorney John S. Malik argued for five weeks that Burris was acting in self-defense when he fired his .22-caliber rifle on June 17, 2002, killing Richard "Digger" Hayton and wounding Ed Stranahan, who was then 19.
State prosecutors argued that Burris intentionally killed the 17-year-old because he took the time to find a spot from which he could "ambush" the crowd minutes before the group even approached.
Jurors, who were on their third day of deliberations, read their verdict about 1:20 p.m. After the reading, Malik wiped tears from his eyes with a tissue. "I was emotionally shaken with the verdict in a happy way," he said. "It's one I'll never forget."
State prosecutor Donald R. Roberts walked over to Burris and wished him luck as he shook his hand. "The jury did what the jury was supposed to do," Roberts said outside the courtroom.
Hayton's mother said she was not pleased by the jury's verdict. "It's like my son and his way of being didn't even matter," Jeri L. Hayton said. "It's not fair to my son." She added that her son was a good, hardworking boy, who only went to Holloway Terrace because a friend was going.
"Now I have to live in the same neighborhood as the man who killed my son," Jeri Hayton said. The Haytons live about eight streets away from Burris.
Burris and Stranahan had gotten into an argument last year when Burris and four others went to Stranahan's house near New Castle, thinking the engine of Burris' son's all-terrain vehicle might be there.
Stranahan found Burris in his garage and, during the subsequent altercation, Burris said, Stranahan threatened to kill him and his family and burn down their house.
Stranahan, who repeatedly dozed off during his testimony, denied the threat. Others at the scene also said they did not hear it. (not mentioned that they also said they were too far away to hear what was said) After the fight, Burris and his group left. But Stranahan, aided by friends, chased Burris and the two groups fought again, according to testimony.
Burris testified that when he returned home, cars with people screaming and hanging out windows drove past his house. Afraid Stranahan would follow through with the alleged threat, Burris testified, he armed himself with a .22-caliber rifle.
As a crowd of about 20 approached his home, Burris said, he warned them that he had a gun. The crowd continued to make threats, Burris said, and objects were thrown.
He said he heard popping sounds and events became a "blur." The next thing he recalled was that the rifle's receiver was empty.
After the trial, Burris' family members made cell-phone calls and hugged each other outside the courtroom saying "Uncle Bobby's coming home."
"I'm just happy. That's all," said Burris' wife, Cathy Booth. She later hugged Malik and said: "Thank you, Mr. Malik, even though I cussed you out a million times."
Burris acquitted of murder
'It's not fair,' victim's mother says
By ESTEBAN PARRA
Staff reporter
09/06/2003
A 52-year-old man who said he was defending himself last year when he shot into an approaching crowd, killing a teen and wounding another man, was acquitted of all charges Friday by a Superior Court jury.
Family members, some with tears in their eyes, others clenching fists to their faces, breathed a sigh of relief as the jury forewoman read the verdict. The decision cleared Robert Burris Sr. of first-degree murder, attempted murder and two weapons charges.
"I was scared that he wasn't coming home," Burris' son, Robert Jr., said outside the courtroom.
Defense attorney John S. Malik argued for five weeks that Burris was acting in self-defense when he fired his .22-caliber rifle on June 17, 2002, killing Richard "Digger" Hayton and wounding Ed Stranahan, who was then 19.
State prosecutors argued that Burris intentionally killed the 17-year-old because he took the time to find a spot from which he could "ambush" the crowd minutes before the group even approached.
Jurors, who were on their third day of deliberations, read their verdict about 1:20 p.m. After the reading, Malik wiped tears from his eyes with a tissue. "I was emotionally shaken with the verdict in a happy way," he said. "It's one I'll never forget."
State prosecutor Donald R. Roberts walked over to Burris and wished him luck as he shook his hand. "The jury did what the jury was supposed to do," Roberts said outside the courtroom.
Hayton's mother said she was not pleased by the jury's verdict. "It's like my son and his way of being didn't even matter," Jeri L. Hayton said. "It's not fair to my son." She added that her son was a good, hardworking boy, who only went to Holloway Terrace because a friend was going.
"Now I have to live in the same neighborhood as the man who killed my son," Jeri Hayton said. The Haytons live about eight streets away from Burris.
Burris and Stranahan had gotten into an argument last year when Burris and four others went to Stranahan's house near New Castle, thinking the engine of Burris' son's all-terrain vehicle might be there.
Stranahan found Burris in his garage and, during the subsequent altercation, Burris said, Stranahan threatened to kill him and his family and burn down their house.
Stranahan, who repeatedly dozed off during his testimony, denied the threat. Others at the scene also said they did not hear it. (not mentioned that they also said they were too far away to hear what was said) After the fight, Burris and his group left. But Stranahan, aided by friends, chased Burris and the two groups fought again, according to testimony.
Burris testified that when he returned home, cars with people screaming and hanging out windows drove past his house. Afraid Stranahan would follow through with the alleged threat, Burris testified, he armed himself with a .22-caliber rifle.
As a crowd of about 20 approached his home, Burris said, he warned them that he had a gun. The crowd continued to make threats, Burris said, and objects were thrown.
He said he heard popping sounds and events became a "blur." The next thing he recalled was that the rifle's receiver was empty.
After the trial, Burris' family members made cell-phone calls and hugged each other outside the courtroom saying "Uncle Bobby's coming home."
"I'm just happy. That's all," said Burris' wife, Cathy Booth. She later hugged Malik and said: "Thank you, Mr. Malik, even though I cussed you out a million times."