THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Friday, November 3, 1995 TAG: 9511030506
SECTION: LOCAL PAGE: B1 EDITION: FINAL
SOURCE: BY JUNE ARNEY, STAFF WRITER
DATELINE: VIRGINIA BEACH LENGTH: Long : 107 lines
Murder charges against the two Navy SEAL trainees accused of killing Jennifer L. Evans will go to the grand jury despite testimony by a medical examiner Thursday that she could not determine how the victim died.
Billy Joe Brown, 23, and Dustin A. Turner, 20, did not testify during the four-hour hearing in the killing of Evans, an honors pre-medical student at Emory University in Atlanta who disappeared from a Beach club in June. If they are indicted, Brown would face trial on Jan. 22 and Turner on Jan. 30.
General District Judge Virginia L. Cochran's courtroom was crowded with family members and friends of the defendants and the victim, as well as other spectators interested in the high-profile case.
Leah Bush, assistant chief medical examiner, testified Thursday that she listed Evans' death as the result of ``undetermined criminal violence.'' During questioning by a defense attorney, Bush said she could not say that Evans had died from manual strangulation as described in statements from the defendants. She also said she could not offer any other specific cause of death because Evans' body had so badly decomposed before it was discovered June 27.
Brown's attorney, Andrew Sacks, closely questioned Bush about the cause of death and then argued: ``The medical examiner has not established that this was a criminal homicide. She can't say what the mechanics of death are.'' After court, Sacks said: ``I think that creates some serious problems in a case where the charge is murder.''
In statements to police, Turner and Brown each have implicated the other.
Turner told police that Brown choked Evans.
When asked if he tried to stop Brown, Turner said in a June 27 interview: ``It happened so fast. I don't know why the hell he killed her.''
Bush testified that pressure would have to be maintained for four to five minutes to cause death by manual strangulation. A victim would fall unconscious within 30 seconds to a minute. During the strangulation, if one hand was removed momentarily before the victim died, he or she might regain consciousness, Bush said.
In one of his three different statements to police, Brown said Turner was ``the one who choked her'' and that Turner told him: ``I think I f------ killed her.''
Brown is charged with murder, abduction, attempted rape and sexual penetration. Turner faced identical charges until Thursday, when prosecutors said they would not pursue attempted rape and sexual penetration charges against him. If convicted, each could receive a life sentence on the murder charges.
During the hearing, Andria Burdette, an Emory student who roomed with Evans, described the final hours of her friend's life.
She and Evans were staying with family at a beach house in Sandbridge and decided to go out to hear music at The Bayou with a third friend. They arrived at the club at about 11 p.m. June 19.
Soon after, Evans met Brown and Turner. She admired Turner's green shirt and seemed to be impressed when he told her he was a SEAL, Burdette said.
But Burdette said she and the third friend did not like Turner. ``He wasn't very polite,'' she said. ``He just wasn't very nice.''
By 1 a.m., Burdette wanted to leave the club, but Evans stalled and continued talking with Turner. She said Turner wanted to come back to the beach house with them. Burdette said he couldn't.
Later, in the parking lot outside, Turner said in a belligerent tone that he was going to call Evans as soon as they got home, Burdette testified.
Evans had written her phone number on a napkin and given it to him earlier.
The girlfriends, who were in their car, compromised and agreed that Evans would spend some more time with Turner and then meet them in the parking lot at 2 a.m. Turner, who was standing next to the car, abruptly opened the door to let Evans out, startling the other two girls. Evans and Turner then headed back toward the club. Evans never showed up at the designated hour.
The other two girls returned to the beach house, thinking Evans must have gotten a ride home.
Police found her body days later when Turner led them to a wooded area of Newport News Park where he and Brown allegedly dumped her body and concealed it with leaves.
Kristen Bishop, a 21-year-old waitress at The Bayou who briefly dated Brown, testified that Turner had asked her to give Brown a ride home that night at The Bayou. Brown wanted to leave right away, but she said she had to meet a friend.
Brown then told her he hadn't had sex in eight weeks. She told him she wouldn't help him out. Brown seemed angry about one or both of the things she said to him and walked away.
He was intoxicated, and she was worried that he would try to drive, but she did not end up giving him a ride home.
Bishop also testified that she received $26,000 for information she had provided to police regarding possible suspects in the killing. ILLUSTRATION: CHRISTOPHER REDDICK PHOTOS/The Virginian-Pilot
Billy Joe Brown, 23, is charged with murder, abduction, attempted
rape and sexual penetration in the killing of Evans. If indicted,
Brown would face trial on Jan. 22.
Dustin A. Turner, 20, faced identical charges to Brown until
Thursday, when prosecutors said they would not pursue attempted rape
and sexual penetration charges against him.
Jennifer L. Evans, a pre-med student at Emory University,
disappeared from a Beach club in June. Police later found her body
in Newport News Park.
KEYWORDS: MURDER TRIAL by CNB