THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Saturday, January 7, 1995 TAG: 9501070200
SECTION: LOCAL PAGE: B1 EDITION: FINAL
SOURCE: BY ANGELITA PLEMMER, STAFF WRITER
DATELINE: NORFOLK LENGTH: Medium: 70 lines
Marcus Louis Moore, charged with killing the nephew of state Sen. L. Louise Lucas, was freed after a Circuit Court judge acquitted him of all charges Friday, ruling that Moore fired in self-defense.
Moore, 19, of the 1700 block of Willoughby Ave., was charged with first-degree murder and a firearms charge after shooting 25-year-old Kevin A. Smith last Feb. 1.
During the two-day trial by judge, Moore maintained that he fired his 9mm gun six times at Smith in self-defense after Smith approached him wielding a gun. Four of the bullets struck Smith in the shoulder, back and leg.
``He does what he feels is reasonably necessary to defend himself,'' said defense attorney George Neskis. ``This was a justifiable homicide.''
Police found Smith's body lying on the sidewalk in front of 1711 Willoughby Avenue, his right index finger still curled inside the trigger guard of the
Judge Thomas R. McNamara ruled that there was not enough evidence to convict Moore of the crime.
``The loss of life is always a tragedy,'' he said.
``The responsibility for the loss of a life is a very heavy one and important one. . .
``The person whose life is lost is not always unresponsible for his own situation,'' Judge McNamara said, citing Smith's blood alcohol content of .21, which was then twice the legal limit of intoxication.
In addition to no apparent motive, McNamara said he could not ignore the fact that ``(Smith) had the gun in his hand fully loaded with his finger in the trigger guard.''
``The fact is that the evidence of the commonwealth does not establish the elements of the crime,'' he said.
In an emotional moment following the ruling, Moore hugged his mother, younger brother and other family members.
They refused to comment after the hearing.
Earlier, Moore, during an emotional outburst on the witness stand, apologized to members of Smith's family and said that the shooting was not intentional.
``I wish that none of this had happened,'' he said. ``Out of the bottom of my heart . . . all I was thinking about was my life.''
But Joan Hall, the victim's mother, told several people while leaving the courthouse, ``He (Moore) is a murderer. He got away with murder.''
Sen. Lucas was not present at the trial.
Moore testified that he was walking to his home in the Brambleton section late one evening when Smith approached him carrying a gun.
Moore said he thought Smith wanted to rob him when Smith, pointing the gun at him, said ``he wanted to get to know me better.''
``I was afraid, and I started shooting,'' Moore said. ``I was just pulling the trigger.''
Prosecutors said their case was hurt after a key witness connecting Moore to the murder changed her testimony on the stand.
``That is not self-defense, that is the Wild West. That is shoot now and ask questions later,'' argued Deputy Commonwealth's Attorney Philip Evans.
Moore, who was convicted last year of carrying a concealed weapon, faced a maximum life sentence for the murder charge and three years for the firearms charge. ILLUSTRATION: Courtroom drawing
-Marcus Louis Moore, who was acquitted of killing the nephew of Sen.
L. Louise Lucas
KEYWORDS: MURDER TRIAL ACQUITTAL SELF-DEFENSE by CNB