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A spirit that is not afraid

UPDATED: Jurors hear testimony on toxicology reports of victims in Desmonte Leonard trial

Leonard at his trial on Sept. 26. <i>(Todd Van Emst | Opelika-Auburn News)</i>
Leonard at his trial on Sept. 26. (Todd Van Emst | Opelika-Auburn News)

Testimony continued about the evidence collected from the crime scene and toxicology reports in the Desmonte Leonard murder trial on Thursday, October 2.
Jurors heard testimony from different officials with the Alabama Department of Forensic Sciences (ADFS) about blood samples collected from the crime scene and the car Leonard used to flee the scene.
DNA was matched to DeMario Pitts and Ladarious Phillips, two of the victims killed on the night of June 9, 2012. Ed Christian was also killed that night.
Toxicology reports were also conducted on the victims, Justin Sanders with the ADFS testified Pitts tested positive for recent marijuana use and had a blood alcohol content level of 0.066 percent. The legal limit for a person to be considered impaired by alcohol is 0.08 percent.
Christian tested negative for drugs but had a blood alcohol content of 0.062 percent.
"It would have been less than 6 hours," Sanders said when asked how recent the marijuana use was by defense attorney Garrett Saucer.
Michael Weaver with the ADFS testified Phillips tested negative for alcohol but tested positive for a compound associated with marijuana use.
"(The marijuana use) could be within the day or within several days," Weaver said.
Leonard is claiming he fired his Glock-22 handgun in self-defense.
If a person is involved in illegal activity they cannot claim self-defense, according to Alabama law.
Jurors also heard testimony from University Heights, now Tiger Lodge, partygoers including Ashely Brown, sister of shooting victim Xavier Moss, according to a report on the Opelika-Auburn News website.
Brown told jurors she saw DeAngelo Benton arguing with Leonard. She also described what happened when the shots were fired.
"As soon as I heard those bottles, I heard gunshots, and as soon as I heard gunshots, I dove into the bushes," Brown said.
JaMichael Goss testified he was at the party as well and saw Leonard standing up firing the gun. Defense attorneys claim Leonard fired the gun after being forced to the ground.
A current defense lineman, Keymiya Harrell, also testified he saw Leonard fire the weapon that night.
"The guy pulled from the waist and started shooting," Harrell said.


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