LAWRENCEVILLE—Here’s the promised post-conviction newsblast of the McQueen case conclusion from last night, May 3, 2013, followed by transcript. There will be some information in this that is new to you, and will be covered in the upcoming print version/e-Edition, so be sure to pick up a copy (on stands no later than May 17) or get an online membership to read the details in full.
Tyler McQueen, being accompanied to the elevator post-verdict by Deputy Trent Masterson.
Disclosure NewsMagazine/Disclosure NewsOnline NewsBlast for Saturday, May 4, 2013, covering the conclusion of the First Degree Murder trial of Tyler McQueen, 21, in Lawrence County.
McQueen was convicted last night of murdering Bob Westall, 78, in Westall’s sister’s apartment at United Methodist Village March 24, 2012.
The trial ended late last night with the 10-woman, 2-man jury—which took four days to seat—returning a verdict of GUILTY of First Degree Murder shortly before 8 p.m., after just under five hours of deliberation. The jury had only one question for the judge during deliberation, that being the legal definition of “preponderance of the evidence.” The evidence was plentiful on the state’s side, even though much of it didn’t prove anything. Nevertheless, the state prevailed, removing ‘reasonable doubt’ in the jury’s eyes, this owing to special prosecutor Mike Vujovich and the case he’s had since the outset, as he was called in by former state’s attorney Lisa Wade. New Lawrence County prosecutor Chris Quick was available to comment on the verdict and the case shortly after proceedings were over last night:
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There was a slight abruption during the deliberation process, however: Just after the verdict was reached, Judge Robert Hopkins allowed defense attorney Matt Vaughn to present to the court, outside the presence of the jury, what McQueen’s defense “would have been” had they been allowed to present it about Helen Marie Westall, who was charged with Solicitation to Commit Murder for Hire in the case. It was determined earlier this week that Helen Marie would be allowed to plead her Fifth Amendment rights and not testify, which hurt McQueen’s case. Authorities allege that Helen Marie paid McQueen ten thousand dollars cash and a 1995 Olds for doing the deed…however, that’s where their allegations stopped. Last night in his presentation, Vaughn advised the court that had they been allowed to bring the premise forward, they’d have stated that McQueen broke into the apartment at about 5 a.m. and Westall was awake and in the kitchen;
That Westall grabbed a knife and confronted and attacked McQueen;
That McQueen fought with Westall, begging him to stop and telling him that if he did, McQueen would “explain” why he was there;
That McQueen stabbed Westall several times in the back in self-defense when the older man jumped on top of him;
That Westall was still alive when McQueen ran from the apartment;
That Helen Marie came into the apartment after McQueen ran out, delivered the cutting wounds to her uncle’s neck, propped him up on his overturned mattress and opened the blinds in his bedroom so that people passing by outside would see him;
And that therefore, McQueen wasn’t responsible for Westall’s death, but only acted in self-defense.
This was a theory the jury didn’t hear in full, though, and they delivered their verdict based on the fact that the state had proven its charges.
Vaughn commented on the case after the proceedings were concluded last night.
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It was announced in open court that McQueen would undergo a presentencing investigation and sentencing was set for June 20. As a last-minute event last night, McQueen waived his right to have the jury determine if the crime was “brutal and heinous,” and opted to have Hopkins make that determination based on the evidence as it was presented.
There are other aspects of the case that may develop in the coming weeks, including a reference to a possible mistrial that originated in Vujovich’s closing statements. Pick up the upcoming print version for more details, or get your online membership to the e-Edition right here before the May 17 publication date.