THE VIRGINIAN-PILOT
Copyright (c) 1997, Landmark Communications, Inc.
DATE: Wednesday, February 12, 1997 TAG: 9702120460
SECTION: LOCAL PAGE: B3 EDITION: FINAL
SOURCE: BY ANGELITA PLEMMER, STAFF WRITER
DATELINE: PORTSMOUTH LENGTH: 83 lines
Jurors will begin deliberating today in the case of a man charged with murdering a baseball fan who was walking home from a Norfolk Tides game in April.
Prosecutors concluded their case Tuesday afternoon after showcasing more than a dozen witnesses in an attempt to link Daerrico ``Rico'' A. Austin to the shooting death of 43-year-old Frank Gibson.
Defense attorneys presented no evidence or witnesses in Austin's behalf.
Prosecutors and defense lawyers will deliver their closing arguments today. Austin could face life in prison if convicted of murdering the shipyard worker, who had been married for seven years and had three children.
Gibson was about a mile from his home when he was killed in the parking lot of the Twin B auto parts store in the 4100 block of George Washington Highway on April 5. He was walking home from a Tides game after he became separated from a friend who had given him a ride to Harbor Park in Norfolk.
Prosecutors argued that Austin boasted to several friends that he had committed the murder and that he was seen standing over the body in the store's parking lot.
``You will be convinced that the killer is in this courtroom beyond a reasonable doubt,'' Deputy Commonwealth's Attorney Michael J. Massie told jurors in his opening statement. ``He did it. . . and he said he had no remorse.''
A former girlfriend, Crystal Mullins, testified that Austin told her he had committed the murder. Months earlier, however, she told police detectives that Austin, who is the father of her daughter, could not have committed the murder because he was with her.
``It was eating at my conscience,'' Mullins, 19, said crying. ``I couldn't lie. I have a daughter to worry about.''
``He told me he shot the man.''
Another former girlfriend, Amy Faison, 18, told jurors that on the night of the shooting, Austin appeared at her home with a large rifle.
Faison said he asked her if he could hide the gun in her home for two days. She agreed and he hid the gun underneath her bed.
``He said, `I just shot some guy in the Twin B parking lot,' '' Faison testified. ``He said, `I'm going to be on the news.' ''
One witness, a nurse, described how she discovered that the person she found lying face down on the ground was her boyfriend's brother.
Regina Thompson said she was walking down George Washington Highway when she noticed a body lying face down on the ground.
She called out to a man standing near the body that she was a nurse and could help. When she turned the man over, she recognized him immediately.
``I rolled the body over and tried to hold his chest together, but there was nothing there,'' Thompson said crying. ``I said, `Please don't die, Frank.' I just kept begging him.''
According to forensics evidence, Gibson had been shot once in the chest with a high-powered weapon. Prosecutors tried to convince jurors that it could have been the same weapon that was hidden at Faison's house.
Austin's defense lawyers presented no witnesses to testify on his behalf. But on cross-examination of prosecution witnesses, Shipley and defense attorney William Brown suggested to jurors that another man who was detained and then eluded police could have committed the murder.
They also emphasized that no one actually saw Austin shoot Gibson and that the weapon police found had not been tested for fingerprints or checked by a firearms expert.
The defense case was also boosted by a decision made by prosecutors earlier this week to reduce the capital murder charge to first-degree murder. On Tuesday, Circuit Court Judge Johnny Morrison also struck down charges of robbery and use of a firearm in the commission of a robbery.
If Austin had been convicted of capital murder, he could have received the death penalty. However, prosecutors did not have enough evidence, under the law, to prove that there were any aggravating factors - like a robbery, rape or torture - involved with the shooting.
``It's a lot of relief,'' said defense attorney Danny Shipley. ``I think (prosecutors) recognized the problem. There's really no corroboration that a robbery was involved.''
Prosecution witnesses testified that Gibson had four quarters in his pocket, a checkbook and two rings. His jeans pockets had not been turned inside out when his body was found, they said. ILLUSTRATION: Photos
Daerrico ``Rico'' A. Austin, at left, is accused of shooting Frank
Gibson, 43. Defense attorneys presented no evidence or witnesses on
Austin's behalf.
KEYWORDS: SHOOTING MURDER TRIAL