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During Biddle’s cross examination, Gatewood agreed that Carter’s conduct before the shooting “seemed a little different than usual’’ but described the defendant as only a “little upset... not pretty upset like violent.”
Eighteen-year-old Michelle Clanagan testified that she’d been playing basketball outside when she heard a shot and saw Carter walk around to the passenger side of Starks’s car with a gun. In answer to questions from George Davis, she added that she’d also seen Carter with Haywood Turner after the shooting. “He was smiling,” she stated.
Under Biddle’s cross examination, Michelle testified that she’d witnessed an argument between Gatewood, Starks and Carter before the shooting. She could tell it was an argument, she added, because Carter “looked mean, like he was mad.’’ She also ackowledged that she’d seen five or six people trying to calm Carter down outside by talking with him.
Following Michelle Clanagan’s testimony, George Davis rested the Commonwealth’s case against Carter. After Judge Penn excused the jury, defense attorney Sharon Genebach made a motion to dismiss the first degree murder charges on the grounds that the Commonwealth’s case was insufficient to sustain a first degree verdict since it failed to negate evidence that the defendant acted in the heat of passion.
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