Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: TUESDAY, October 18, 1994 TAG: 9410180099
SECTION: CURRENT PAGE: NRV-3 EDITION: NEW RIVER VALLEY
SOURCE: KATHY LOAN STAFF WRITER
DATELINE: CHRISTIANSBURG LENGTH: Medium
Jerry Wayne McIver, 37, of Christiansburg, was charged with murder after Terry Lee Elswick died from head injuries sustained in a January fight at Elswick's mother's home. The cause of death was a blunt-force injury, but investigators are not sure whether Elswick's head hit the floor, a table or some other object during the fight.
McIver was only showing off his new knife, but when Elswick walked into the room, he thought McIver was attacking a friend and the two began fighting, according to testimony Monday.
Circuit Judge Ray Grubbs delayed a finding of guilt or innocence until January when a probation officer will submit a background report on McIver.
It was Jan. 13 of this year that Elswick, McIver and other friends were together for several hours - drinking liqour and playing video games at Elswick's mother's home in a trailer park off Roanoke Street.
"Everybody was happy, had a buzz, listening to music," testified Timothy D. Martin.
But the scene turned tragic in a matter of seconds.
The fight happened, according to witnesses, when Elswick came out of the bathroom and saw McIver holding a hunting knife to Martin's throat.
McIver had been showing off the knife - a gift from Elswick's mother - and was only horsing around with it, according to testimony.
But Elswick apparently viewed the scene as much more threatening.
Martin said the two men started fighting after Elswick told McIver to stop holding the knife to Martin's throat.
"The next thing I know there was a fight and they was into the wall, into the floor. ... It happened so quick. It was just boom and over with," Martin testified Monday.
He testified when he last saw the two, Elswick was lying flat on his back and McIver was on top of him.
McIver testified his friend's death was an accident and that he pushed Elswick off of him.
"I just shoved him as hard as I could just to get him off of me so I could get out of there," McIver testified, adding that he had several minor injuries including a bite on the arm, a scraped face and bruising.
Robbie Jenkins, McIver's attorney, had argued that the state's case against his client was at best involuntary manslaughter but could also be viewed as self-defense.
But Skip Schwab, assistant commonwealth's attorney, argued that McIver's actions after the fight showed he knew he had done something wrong.
"He knew something was wrong because he ran ... from Sue's Trailer Park to where he lived on Second Street," Schwab told Grubbs. McIver also gave authorities three different statements about how the fight unfolded, Schwab said.
by CNB