Terrence Montgomery testified Tuesday in the trial of Elizabethtown teenager Marquail McKoy that an argument led to him being shot at outside a Kemp Street home in March 2015.
Montgomery was the first witness called by the state as it seeks to convince a jury that McKoy, who is 17, is guilty of attempted first degree murder and discharging a weapon into an occupied property.
McKoy’s lawyer, Allen Johnson, told jurors in his opening statement that “the state of North Carolina has the highest burden. They can tell you everything from who, what, when, where and how. But the one thing they cannot tell you is why. And that’s the largest piece of the puzzle left unanswered.” Johnson told the jury that McKoy’s actions may be considered self defense.
If convicted of the charges, McKoy could face up to 29 years in custody.
According to Montgomery’s testimony Tuesday under questioning from Assistant District Attorney Glenn Emery, he had gone inside the home in Elizabethtown because a 2-year-old child that was with him had to use the bathroom. When he came out of the bathroom, Montgomery testified, McKoy also was in the house. Montgomery said that he and McKoy exchanged words.
Montgomery said he decided to leave and as he walked out the front door with the child behind him that he turned to his right and McKoy was standing there with a revolver pointed at him. Montgomery said that McKoy fired the weapon. Montgomery testified that he thought he had been hit by the shot, but discovered he had not.
According to police reports at the time of McKoy’s arrest, officers found a bullet hole in Montgomery’s shirt and the bullet went inside the residence.
The state also called Joey Todd and two Bladen County Sheriff’s Office deputies who work at the jail. In January, a note to his mother was found in McKoy’s laundry. It was placed into evidence Tuesday.
The state is expected to wrap up its case Wednesday morning. Johnson will then present his argument on McKoy’s behalf. It’s not clear whether McKoy will take the stand in his defense.
The trial is being held in Bladen County Superior Court with Judge Beecher Gray presiding.
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