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Kyle Timmons was found guilty of felony murder, aggravated assault and aggravated battery charges by a Floyd County Superior Court jury on Wednesday.
Timmons, 21, was acquitted of a malice murder charge after the jury deliberated for about three hours. He will be sentenced on Dec. 15 at 9 a.m.
Families for both Timmons and his victim, Dominique Spear, filled the courtroom to hear the verdict.
“I thought it was a tough case for both sides,” said Albert Palmour, Timmons’ lawyer. “It was a hard decision for the jury to make. We’re disappointed in the decision they made, but I know they obviously had a hard time between the two different versions of the events.
“They obviously felt like that Mr. Timmons wasn’t justified in what he did. So now we’ll have to look at the issues that come after (the verdict),” Palmour continued.
There was some bad blood between Timmons and Dominique Alexander Spear before the shooting.
Timmons testified he’d been afraid for his life after he’d gotten the better of Spear in a fight at a Rome bar a month before the Sept. 23, 2014, shooting.
He didn’t know Spear would be at the Callier Forest Apartments and had only gotten out of the car to protect himself when Spear approached.
They tussled and Timmons said he found the gun in Spear’s waistband. Prosecutors, however, said he brought the gun in order to confront Spear over threats.
“Mr. Timmons got out of that car because Mr. Timmons went after Mr. Spear,” Assistant District Attorney Natalee Staats said in court.
Palmour argued that Timmons killed Spear in self-defense and Timmons said as much on the stand Tuesday. Again prosecutors said Timmons wasn’t acting in self-defense, but had taken the .22 caliber pistol to confront Spear – which nullifies any justification for the killing.
Staats continued, telling the jury that if Timmons had carried a gun for defense and asked Spear to back off and Spear attacked him “this would be a completely different case.”
“He did it on purpose because he was intending to engage in mutual combat with Mr. Spear,” She said. “When you go to engage in mutual combat the defense argument is gone.”
Source: Rome News