Jurors to begin deliberations Sunday in Wilbourn death penalty case
Defendant changes mind, doesn’t testify during trial for killing MPD officer
Shelby County Prosecutor Reginald Henderson stood in the middle of the courtroom and pulled the trigger on an unloaded 9mm gun. He then pulled the trigger 10 more times.
The gun was used as a prop to demonstrate for the jury the 11 times authorities say Tremaine Wilbourn, the man accused of killing Memphis police officer Sean Bolton, fired the same type of gun at the officer on the night of Aug. 1, 2015, in a neighborhood in Parkway Village.
Authorities said Wilbourn shot Bolton after the officer approached an illegally parked Mercedes-Benz in the 4800 block of Summerlane in the area of Cottonwood and South Perkins.
The driver of the car fled after Bolton shined a spotlight in the car. Wilbourn, who was a passenger, was being detained by Bolton when the two scuffled and Wilbourn is accused of shooting the officer eight times including once in the face. Bolton later died at Regional One Health after one of the bullets pierced an artery in his thigh.
“There was a shot. Then there were 10 more shots. I submit to you that premediation is not an issue. This is first-degree murder,” Henderson said.
Prosecutors urged jurors to convict Wilbourn, 32, of first-degree murder in the officer’s death during closing arguments Saturday in the capital murder trial.
“There is no question who did it or where he did it, ” prosecutor Alanda Dwyer told jurors. “We don’t know what was in Tremaine Wilbourn’s mind, but we know what he did. If you shoot someone all over their body what is your intent? Your intent is to kill them, and that is exactly what Tremaine Wilbourn intended and he did everything in his power to get away with it.”
Defense attorney Lauren Pasley did not dispute that Wilbourn shot Bolton, but she disputed that he intentionally meant to kill the officer.
“If he intended to kill him why would he ask all of those witnesses to get their cameras out and record it,” Pasley said.
She said he panicked that night because he was a convicted felon with a loaded gun that night.
“We admit to shooting Officer Bolton. He carjacked someone. The list gets longer. He is an ex-felon.
"True, that is true, but that does not make Tremaine a cold-blooded killer either.”
Wilbourn, who earlier in the trial said he intended to testify, told the court Saturday morning that he “wishes to remain silent” and changed his mind about taking the stand in his defense acknowledging that he understood that he could be asked about possible gang ties.
He is charged with first-degree murder, carjacking, employing a firearm in the commission of a dangerous offense and a felon in possession of a handgun.
Judge Lee Coffee told the jurors there are 15 possible verdicts to reach in the case. He dismissed jurors at 4:27 p.m. Saturday, saying he did not want them to think they had to rush to reach a verdict on the charges. They will begin their deliberations at 9 a.m. Sunday, Nov. 4, 2018.
The trial started at 10:30 a.m. Saturday, Nov. 3, 2018, giving the 15 jurors time to visit the crime scene before court got underway for the day.
During the proceedings, defense attorney Juni Ganguli presented a motion for prejudgment acquittal to the court.
After reading a litany of case law and other factors in the case, the judge denied the motion, telling the attorneys with the jury out of the courtroom that the slaying of Bolton was a “particularly cruel offense.”
He added that the fatal shooting was premeditated by Wilbourn because the defendant made the decision not to return to prison that night as he was a convicted felon in possession of a handgun when he encountered the officer.
Wilbourn, who was convicted of federal bank robbery in 2005 and served 10 years, had been released from prison in 2014 and was on federal probation when the shooting occurred.
“Officer Bolton was in the wrong place at the wrong time,” Coffee said. “Officer Bolton was acting 100 percent in the scope of what he was charged to do that night. This is a particularly cruel offense where a officer was shot multiple times and his face was ripped off by a bullet.”
Wilbourn turned himself in two days after shooting and killing the officer, but Coffee said Saturday they never found the 9mm gun.
"Three years later it is nowhere to be found," Coffee said.
Topics
Memphis Tremaine WilbournYolanda Jones
Yolanda Jones covers criminal justice issues and general assignment news for The Daily Memphian. She previously was a reporter at The Commercial Appeal.
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