Hamilton death penalty trial: Text messages shown, reluctant witnesses take stand

Hundreds of phone calls and text messages as well as the testimony of reluctant witnesses marked the second day of testimony in the death penalty trial of Michael Grevious II.

Grevious, 25, of Hamilton, is facing the death penalty if found guilty of aggravated murder for allegedly ordering a retaliation shooting in August 2016. He is also charged with having weapons under disability and felonious assault for violence that happened one month earlier at a Hamilton bar that has since been razed.

MORE: No plea deal offered to Michael Grevious II

Here are highlights from Thursday in court:

Text message from Lil Mike: ‘Delete everything’

Hamilton Detective Aaron Hucke testified he extracted data from a cell phone belonging to Zachary Harris, who was in the truck on Aug. 3, 2016 when Orlando Gilbert and Todd Berus were shot and killed in what prosecutors say was a retaliation shooting for gun violence at Doubles Bar.

More than 200 calls and texts were placed from Harris’s phone to a number with the contact “Lil Mike the Skitzo” from the end of July 2o16 to Aug. 2, 2016 when “Skitzo” says to “delete everything,” according to Hamilton police.

The messages used slang and referenced a hit on Orlando Gilbert, according to police.

During cross examination, defense attorney David Washington pointed out there was nothing to indicate money had been paid to kill Gilbert. He also noted there was no proof to the identity of “Skitzo.”

Reluctant witnesses takes the stand

Bryann Johnson, cousin of Kalif Goens, who was killed in the shooting at Doubles Bar, took the stand and admitted she didn’t want to be there.

“In fact we had to arrest you, isn’t that right?” Assistant Prosecutor Brad Burress asked her.

MORE:Hamilton death penalty trial: Witnesses fear for their safety

She answered, “Yes.”

Earlier this week, Judge Greg Stephens issued warrants for two witnesses who did not show up when subpoenaed.

Johnson said she was at Doubles Bar the night of the shooting and saw a commotion between members of two families.

Grevious was “right there with them,” she said, but didn’t know if he was part of the ruckus.

When shots rang out, Johnson said everyone started running and hiding.

She started screaming for someone to help Kalif Goens.

“He was bleeding. He was just laying there. His eyes were still open,” Johnson said.

Burress asked Johnson if she saw Grevious — known to her as “Lil Mike” — with a gun.

“I can’t honestly say that I did,” she said.

But Burress noted that in her statement to police days after the incident she said she saw a gun in Grevious’ pocket.

Erika Ash, a second reluctant witness, took the stand telling the jury she saw Grevious on top of a pool table shooting at Doubles Bar.

“He was shooting,” Ash said while wiping away tears. She said the shots started flying after people began shoving on the dance floor.

Washington questioned Ash about her alcohol intake at the bar. At the time she was 18 years old. Ash said she had two mixed drinks and had been smoking marijuana earlier in the day.

She could not say specifically how may shots she heard fired or what Grevious was wearing or what the gun looked like, when asked by Washingotn.

“In the middle of all this chaos (shooting, people running) you were able to see Mike on top of the table shooting?” Washington asked.

Ash answered, “Yes.”

Items from crime scene shown

Hamilton Detective Steve Hamilton, crime scene investigator, showed the jury eight large shell casings found at drive-by shooting scene.

The jury was also shown photos of both Gilbert and Todd Berus dead in the truck.

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