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December 15, 2009

Abshire trial continues

By Krystal J. Carman

December 15, 2009 — Paralyzed from the chest down, Robbie Case testified Monday about being shot twice on Sept. 2, 2007.

“This is something I think about laying in bed every night,” Case told the jury during cross-examination during the trial of Mark Abshire.

Abshire, 39, is charged with shooting with intent to kill and maiming. If convicted, he could face up to life in prison.

According to witness testimony, Case was driving his Jeep Cherokee back to his home after some off roading near the Cedar Bluff neighborhood when a bright light was directed at his vehicle and several people at the Abshire home, who lives in the same neighborhood, were yelling for Case to slow down.

Case continued to travel up the street toward his home but turned around in a cul-de-sac and returned to the Abshire home, stopping his vehicle in the street.

What transpired at the Abshire home leading up to the shooting has been questioned by defense attorney Jack Gordon Jr.

According to Case’s testimony, he and passengers David Lamont and Travis Wilkey stopped in front of the Abshire home to “find out what was going on.” Wilkey exited the vehicle when Abshire and his guests came walking toward the vehicle, according to Wilkey’s testimony.

Case told the jury because Wilkey got out of the Jeep, Lamont did to.

“I could hear some yelling at the rear of my car,” Case said Monday in court. He added that he remained in his car because his driver’s door would not open. “I grabbed my phone and called my uncle and told him it was getting stupid over here. He asked if I wanted him to come back and I said yes.”

Once off the phone, Case said he heard one of his passengers say he had been sprayed with Mace, so he crawled out of the Jeep through the passenger door.

“As I came around the rear of my car, one of them brushed by me coughing and saying something about Mace,” Case testified. “Then Mr. Abshire was right there with a spot light in one hand and something that looked like a can of Mace in the other. I felt threatened so I tackled him.”

Previous testimony indicates that Case and Abshire were fighting on the ground in Abshire’s yard and that the two ended up in the ditch in front of Abshire’s home.

According to Case’s testimony, shortly after he tackled Abshire, he was shot in the chest and he said he felt “warm.”

“The second shot, I didn’t feel anything,” an emotional Case told the jury.

Case maintains that Abshire was either standing or kneeling over him when he was shot the second time in the back. That bullet became lodged in Case’s spine and was unable to be removed.

“I have this vision that I’m laying in the ditch and I can see my feet and I can see (Abshire) standing or kneeling over me with his arm out and the gun in his hand,” Case said. “I was trying to crawl away after the first shot.”

Gordon says Abshire had a right to shoot Case because he felt he and his family and friends were threatened. He cites the “stand your ground” law which states if a person feels he or his family are threatened he has a right to “meet force with force, including deadly force.”

Testimony is to continue today in Rogers County District Court.

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