Jury to begin deliberations in trial over teen’s slaying

A Charlottesville jury will begin deliberations today in the case of a city man accused of killing a 19-year-old who was trying to escape a shootout.
The prosecution and defense rested their cases Wednesday afternoon during Theodore Calvin Timberlake’s trial.
Timberlake has been accused of shooting and killing Joshua Magruder on July 19, 2008, at the corner of Sixth Street Southeast and Monticello Avenue.
Forensic experts testified Wednesday about autopsy and ballistics results from last summer’s incident.
Dr. Deborah Kay, the assistant chief medical examiner in Richmond, said in court that a gunshot wound that started from the back of Magruder’s head and went through his face was “instantly lethal.” The bullet, which was not recovered, damaged his brain and brain stem.
Kay also testified that Magruder was shot in the leg. The autopsy revealed a scrape along his collarbone, which Kay said looks similar to when a bullet scrapes the skin’s surface.

Authorities have said that a .40-caliber bullet was found in Magruder’s leg. A forensics expert said a .40-caliber bullet could travel 2,200 yards in ideal conditions. City police Detective Mark Fields testified that the closest cartridge cases were 82 yards away from where Magruder was found.During Tuesday’s testimony, Quante Nelson said in court that she saw Timberlake fire shots toward the intersection where Magruder and his twin brother were heading. However, defense attorney J. Lloyd Snook III said during opening statements Tuesday in court that Trenton Michael Brock, not Timberlake, had a problem with Magruder.

Timberlake, Brock and Bobby Wayne Gardner Jr. all were charged with first-degree murder, attempted malicious wounding and other charges in connection with the shooting incident that lead to Magruder’s death.
Brock and Gardner testified against Timberlake on Tuesday and said in court that they had been offered plea agreements that would allow them to avoid prosecution on the murder charges if they testified truthfully.
Snook called two witnesses Wednesday before resting his case, asking them more questions about what they saw and heard Brock doing before and after the fatal shooting.

Luscious Lucas, Brock’s girlfriend, testified that she knew her boyfriend had a problem with Magruder, his brother and Jamaal Gray. Lucas said in court that Brock told her the men broke into his home and vandalized his car.
Brock testified Tuesday that he didn’t have a problem with the three men. Magruder and Brock talked about the damage to Brock’s car, Brock previously testified, and Magruder said he didn’t do it.

One of Timberlake’s cousins, Sikara Powell, testified Tuesday that she overheard Brock say, “I think I hit somebody,” while she was sitting on the porch of her sister’s apartment on Page Street. Powell said in court that she didn’t hear of Magruder’s death until later.