Reasonable doubt or none at all? Jury deliberates in Lexington double murder trial

The jury is out for deliberation in the case of Antonio “Tyree” Gaskin, 45, whose murder trial began Monday.

Gaskin, of Detroit, faces two murder charges and two charges of failure to report the deaths of Sharmaine Carter, 25, and Marquis Harris, 24, who were each found with gunshot wounds to the head and chest in an Alexandria Drive apartment building.

The defense argued the only doubt in the case came from the prosecution failing to present evidence, and the prosecution showed a timeline they said left no doubt that Gaskin was “absolutely guilty” of his charges.

Defense: ‘Where there are questions, there is doubt.’

Sarah Langer, lead defense counsel, based her closing statements around multiple questions that were left unanswered by the prosecution to prove their burden to the jury that Gaskin was guilty.

“There is no doubt in the case of his innocence,” she said. “The only doubt that comes is from the lack of evidence that the government has. Where there are questions, there is doubt.”

The first question the defense said was left unanswered was “Why would he have killed his family?”

“The government has not given us a reason in this case. We don’t know why, and that is unreasonable,” Langer said.

Several items were not tested by the the police or prosecution or investigated further, Langer said, including a majority of cigarette butts for DNA, door barricades in the apartment, Carter’s purse, a revolver holster for fingerprints, or bullets.

“We know without a doubt that a gun was used to kill Sharmaine and Marquis,” Langer said. “And the government wants to send a person to prison for 20 years to life and they couldn’t be bothered to follow up on these steps?”

Langer questioned why other individuals were not pursued as suspects in the case, when text message evidence was presented to the jury which demonstrated death threats from Carter’s then-boyfriend.

“Why weren’t alternative suspects investigated in this case? Failing to follow up on alternatives in this case is unreasonable,” she said.

Langer said the prosecution could not pinpoint a specific time of death, which she said was also “unreasonable.”

“(Defense counsel J. Parker) Mincy said this case will show how broken the criminal justice system is, and it is broken,” Langer said. “You, our jurors, can still do something about it. You can find Antonio Tyree Gaskin, this man right here, innocent, and find him not guilty of murder. Marquis deserved a better investigation than this. Sharmaine Carter deserved a better investigation than this. Show the government that Antonio Gaskin deserved better than this.”

Prosecution: ‘Innocent people don’t act guilty.’

Assistant Commonwealth Attorney Kathryn Webster pointed to the timeline of the murders, and how it proved beyond a reasonable doubt Gaskin was guilty, she said.

Comparing testimony and evidence in the case to pieces of a puzzle, Webster said that when put together, it created a complete picture.

“If you look at one piece, you may not be convinced, but if you put all the pieces together, you will see we are going to prove beyond a reasonable doubt this man killed these two people,” Webster said.

In the prosecution’s timeline, she said Sharmaine Carter was killed first and taken by surprise while she was cooking in the kitchen, first shot in the back of the head and then again in the chest.

Carter’s last call was placed to Harris around 7:46 p.m. on Oct. 15, 2019. Carter had a key to enter the Alexandria apartment, and Webster said she did so before Harris arrived at the home.

She referred to testimony of neighbors of the apartment, who said they heard loud music begin to play, a “shot” noise, a loud thud, and music turned off around 8:40 and 8:50 p.m. This, she said, was when Carter was killed, before Harris arrived at the apartment.

Around 9 p.m., Harris arrived at the apartment with witness George Heard, who was the person that drove him back to the apartment from Detroit, Michigan. Heard testified Harris was on the phone with someone just before being dropped off in efforts to organize getting the remaining balance he would need to pay his drive fare.

When Harris was dropped off around 9 p.m. at the apartments, Heard said it was Gaskin who came outside to greet him with a hug, and gave the remaining $50 to the driver.

Cell phone records confirm Harris made an answered call to Gaskin around 9:10 p.m. At 9:13 p.m., video footage shows Harris arriving at the apartment, where Heard said he greeted Gaskin, and walked inside the apartment with him.

“Three minutes after the last call to the defendant, after a minute or so, they go back into the apartment together with the defendant killing Marquis as soon as he goes in,” Webster said.

Webster brought up another witness’s testimony, Mike Eaves, who said he would give Gaskin rides in exchange for drugs. Eaves testified he received a call from Gaskin, presumably for a ride, at 9:18 p.m.

Cell tower evidence showed the call placed by Gaskin came from the area near the Alexandria apartments.

“This is not just some conspiracy to incarcerate a man,” Webster said. “… It is just not possible. (Carter) died first, and the defendant walked into the apartments and shot and killed Marquis as soon as they were inside. The facts aren’t lining up because it is a conspiracy, they are lining up because he is guilty. All the evidence is pointing to the defendant because he is guilty.”

After the murders took place, Gaskin left his hotel room on Oct. 16, when the bodies were discovered, and went to Frankfort to buy a new cell phone, Webster said.

“Innocent people don’t do things that make them look guilty,” she said. “The defendant went up to Cincinnati the night of Oct. 15 and then came back down to Lexington. The next day, he leaves his motel, goes into a Walgreens and buys a new phone, with cash, with a woman. The defense wants you to believe he was so upset about this murder, but he doesn’t appear to be that upset or tore up to me.”

She said none of this evidence would leave the jury “guessing guilty.”

“Do all these puzzle pieces indicate guilt beyond a reasonable doubt? They do. I have zero doubt, he is guilty and he is responsible for the death of these people. They died as a result of these actions. I have zero doubt this man is guilty. I am asking for justice for the Commonwealth, and for the family of Marquis Harris and Sharmaine Carter.”