Posted 8:51 am Tuesday, February 07, 2012
Trial Set Thursday For Man Accused In Deputy's Shooting
By DAYNA WORCHEL
Staff Writer
The trial for a man accused of shooting a Smith County deputy in the upper chest almost a year ago is set to begin Thursday in Judge Jack Skeen Jr.'s courtroom.
Staff Writer
The trial for a man accused of shooting a Smith County deputy in the upper chest almost a year ago is set to begin Thursday in Judge Jack Skeen Jr.'s courtroom.
But first, the judge will rule on Wednesday if Smith County prosecutors can tell jurors that deputies were serving Christopher Martin Summerville with a warrant for a parole revocation offense on March 24, the day of the shooting.
Summerville, 28, is accused of shooting Smith County Deputy Josh Caulkins in the upper chest when Caulkins and others assigned to the U.S. Marshals Joint East Texas Fugitive Task Force went to the Arbors on Chimney Rock apartment complex on Chimney Rock Drive to serve an arrest warrant on Summerville, a convicted sex offender, for a parole violation. Caulkins survived the shooting because he was wearing a bullet proof vest.
Summerville, 28, is accused of shooting Smith County Deputy Josh Caulkins in the upper chest when Caulkins and others assigned to the U.S. Marshals Joint East Texas Fugitive Task Force went to the Arbors on Chimney Rock apartment complex on Chimney Rock Drive to serve an arrest warrant on Summerville, a convicted sex offender, for a parole violation. Caulkins survived the shooting because he was wearing a bullet proof vest.
Defense attorney Patrick Davis had filed a brief with Skeen's court on Friday seeking to bar the Smith County District Attorney's Office from telling the jury that the warrant was for a felony offense during the phase of the trial to decide the guilt or innocence of Summerville.
“It is a firmly rooted principle in criminal law that a defendant can only be tried for the offense charged and not for being a bad person generally. In the case at bar, the defendant is charged with aggravated assault of a peace officer, a felony of the first degree.
“It is a firmly rooted principle in criminal law that a defendant can only be tried for the offense charged and not for being a bad person generally. In the case at bar, the defendant is charged with aggravated assault of a peace officer, a felony of the first degree.
Summerville's status as a convicted felon is not an element of this specific offense,” the brief stated.
But prosecutors argued in their response to the Davis filing that evidence of the parole revocation “is extremely relevant to the jury's determination of intent and motive in commission of the offense.”
But prosecutors argued in their response to the Davis filing that evidence of the parole revocation “is extremely relevant to the jury's determination of intent and motive in commission of the offense.”
According to the state's document, filed on Monday morning, the defendant “was aware he had an outstanding Blue (parole revocation) Warrant for a parole violation.” Prosecutors asserted in their response that Summerville would have been aware that he would not be allowed to post bond after being taken into custody on such a warrant.
“Clearly, this is evidence that is extremely relevant to the defendant's motive and intent in shooting the officer that was performing his lawful duties in serving the warrant,” the prosecution stated in their response.
Summerville pleaded not guilty in July to six counts of aggravated assault of a public servant, engaging in organized criminal activity, unlawful possession of a firearm by a felon and possession of a prohibited weapon. He was indicted in October on two additional charges: aggravated robbery and failure to register as a sex offender.
The trial was originally set to begin on Wednesday, but the court agreed to delay it until Thursday because defense attorney Patrick Davis is ill, according to a motion filed on Monday by David Scoggins, co-counsel to Davis.
“Clearly, this is evidence that is extremely relevant to the defendant's motive and intent in shooting the officer that was performing his lawful duties in serving the warrant,” the prosecution stated in their response.
Summerville pleaded not guilty in July to six counts of aggravated assault of a public servant, engaging in organized criminal activity, unlawful possession of a firearm by a felon and possession of a prohibited weapon. He was indicted in October on two additional charges: aggravated robbery and failure to register as a sex offender.
The trial was originally set to begin on Wednesday, but the court agreed to delay it until Thursday because defense attorney Patrick Davis is ill, according to a motion filed on Monday by David Scoggins, co-counsel to Davis.
