| UPDATE - The Thomas Husk murder case is expected to go to jury Friday.
Closing arguments are expected to be delivered Friday morning.
The murder trial against Husk in the shooting death of John Dale Cyrus in 2011, started Tuesday in Spencer.
The trial was shifted to Roane County following three attempts to seat a jury in Calhoun.
ORIGINAL STORY
Calhoun prosecutor Shannon Johnson enters testimony from several prosecution witnesses in Husk murder case, Trooper J. E. Kincaid (left) and Judge David W. Nibert (right) on the bench
By Bob Weaver
The murder trial of Thomas Lee Husk, charged in the shooting death of John Cyrus in 2011, is underway in Spencer before Judge David W. Nibert.
Calhoun prosecutor Shannon Johnson sought a change of venue after failing to seat a jury three times in Calhoun County.
Husk (right) shot John Lee Cyrus three times from his car with a 9mm pistol, when Cyrus chased Husk to the end of a dead-end road, after which the men engaged in a bitter dispute. Cyrus was not armed.
State Trooper First Class J. E. Kincaid, in a criminal complaint, said Husk stated that Cyrus and the victim had been arguing for some time...about (Husk) residing with the victim's ex-wife, and the victim's daughter, being married to (Husks) son."
Wednesday, several prosecution witnesses gave testimony about the incident, including a Cyrus relative who was a passenger in the Husk car, said Husk "gave Cyrus the finger," at a location near Arnoldsburg, after which Husk drove his vehicle toward Grantsville, with Cyrus following him.
The witness told the court she was more worried about Husk's behavior, saying she was unable to contact 911 with a cell phone.
Husk and his passengers proceeded to his residence on Sugar Camp, reportedly finding Cyrus in his driveway, after which Husk fled to dead-end Trippett Road with Cyrus chasing him, neighbors reported at a high rate of speed.
A prosecution witness in whose yard the shooting happened, said passengers got out of the Husk car screaming, "Help us, he's (Husk) trying to kill us," saying there was a lot of yelling and cursing between the two men.
The passengers went into the residence as the homeowner grabbed her two-year-old grandson from a pool and took him to safety.
Three occupants of the Husk vehicle, including Husk's girlfriend (Cyrus' ex-wife), another adult woman and a 15-month-old baby, fled into the nearby house.
Husk, according to the criminal complaint, said, "[Cyrus] jumped out of his vehicle, walked up to Husk's vehicle, and began punching him [Husk] in the face." Former prosecutor Rocky Holmes disputed the claim.
The witness told the court that at the point when Husk pulled out his gun, Cyrus said that since he (Cyrus) pulled it "You'd better use it," the witness then saying he fired the gun three or four times.
The witness seemed unclear if punches were exchanged in what appeared to be a scuffle.
When asked by prosecutor Johnson if there was room for Husk to drive away from the scene, she said there was a "bottom."
Defense attorney Oshoway (right) during an earlier hearing, said the circumstances "clearly show a case of self defense, and there should be a complete acquittal."
Former Prosecutor Rocky Holmes told Parkersburg News reporter Jody Murphy that it appeared Husk's actions were premeditated, based on statements from witnesses and that Husk's assertion of being punched by Cyrus did not jive with eyewitness accounts and some evidence.
During another court hearing, prosecutor Holmes said,
"At this time, it appears to be a case of self defense...and does not appear to be premeditated," but stated if the facts change, the charges could be upped.
The case continues Thursday, with defense attorney Oshoway calling his key witnesses.
Prosecutor Shannon Johnson and investi-
gative officer Trooper J. E. Kincaid
See
CALHOUN MAN MURDERED AFTER CHASE TO DEAD-END HOLLOW - Husk Charged With 2nd Degree Murder
HEARING SET FOR HUSK THURSDAY - Memorial Will Be Held For Cyrus
JOHN DALE CYRUS VICTIM OF CALHOUN SHOOTING - Complaint Describes Encounter, Husk Charged With 2nd Degree Murder
HUSK WAIVES PRELIMINARY HEARING - Murder Case Sent To Grand Jury, Placed On Home Confinement, "Clearly A Case Of Self Defense," Says Attorney
CALHOUN PROSECUTOR SAYS CYRUS MURDER APPEARS PREMEDITATED - Husk Made Statements Implying He Planned To Kill Cyrus, Says Holmes
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