THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Thursday, May 25, 1995 TAG: 9505250476
SECTION: LOCAL PAGE: B1 EDITION: FINAL
SOURCE: BY JUNE ARNEY, STAFF WRITER
DATELINE: VIRGINIA BEACH LENGTH: Medium: 65 lines
On the first day of 16-year-old Marvin Owens' capital murder trial Wednesday, prosecutors argued that Owens became Virginia's youngest mass murderer by killing his grandmother, half-brother and two cousins last July.
If he is convicted, Owens could be sentenced to death.
``Four people dead, and for what?'' Commonwealth's Attorney Robert Humphreys asked a jury in his opening statement. ``$1,170. This defendant robbed his cousin of his drug proceeds and in the process eliminated every witness who could testify against him. In the process, this defendant became Virginia's youngest mass murderer.''
Lawyers representing Owens, in a trial expected to last two weeks, will focus on what they say is a lack of evidence and motive.
``There is no forensic evidence that says this defendant killed anyone,'' said B. Thomas Reid, one of Owens' attorneys. ``The commonwealth case against Marvin rises and falls on the trustworthiness of his statements.''
Owens is accused of killing Evelyn Ward, his 63-year-old grandmother and onetime legal guardian; two of his cousins, Thelma Harper, 37, and Clifton Harper, 19; and Robert L. Ward Jr., Owens' 14-year-old half-brother.
Reid told jurors that whoever killed Evelyn Ward as she lay in her bed apparently fired one shot from a distance, then walked closer and fired again.
Whoever shot Robert Ward pointed a gun at him as the victim, who was lying on the floor, apparently raised his head to look at his killer. ``Again, I remind you, this is the only family Marvin had,'' Reid told jurors.
The crime occurred July 22 in a house in the 2400 block of Seaboard Road, one of two quadruple slayings in the city last summer.
If Owens is convicted of capital murder, prosecutors will seek the death penalty.
During the trial, jurors will hear from about two dozen prosecution witnesses and at least a dozen defense witnesses. They also will be shown a 7 1/2-hour videotaped interview of Owens by detectives.
In that interview, Owens told 15 versions of what happened the morning of the crime, Humphreys told the jury - including the final version, which Owens prefaced by saying: ``This is the truth of all the truths.''
In that version, Owens said he accidentally shot Clifton Harper, known as Pop, when he was showing him a gun. Owens said he dropped the gun and called 911, but was interrupted when a man named Derrick picked up the gun and told him to get out. Owens said he saw Derrick shoot Thelma Harper and then heard more shots as he ran out.
Also in that interview, detectives warned Owens that he would get the death penalty for his crimes, and Owens asked: ``How can I get the death penalty for something I didn't do?''
On Wednesday, Michael Ridley Jr., 19, testified that he spent the night before the killings with Clifton Harper selling crack in Norfolk. They returned to Seaboard Road about 4 a.m. Ridley fell asleep for a while, then drove home. When he returned about 9 a.m., he found the victims.
``I saw blood coming from Pop's ear,'' he testified. ``I hollered to Man (Robert Ward). He didn't respond. I walked over to Pop, shook him and called his name.''
He then ran to a neighbor's house, and they called 911. As they waited for police to arrive, Ridley told the operator: ``I don't want to be next.''
KEYWORDS: MURDER JUVENILE CAPITAL MURDER TRIAL by CNB