After nearly four hours of deliberation, the jury had not yet reached a verdict in the trial of a Cumberland man accused of murder. Due to a juror needing their diabetes medication, Special Judge David Williams released the jury until 9 a.m. today. Thomas Polson, 37, was back in court to stand trial for the murder of Lynch resident James Feltner. The state continued it’s prosecution Monday morning, calling Kentucky State Police Trooper Kenny Abner to the stand. Assistant Commonwealth’s Attorney Karen Davenport questioned Abner. Abner stated that Polson purchased an AR 15 rifle from Mike’s Gun Shop in Tazewell, Tenn. Under cross examination by Polson’s attorney Katie Gilliam, Abner testified that no physical evidence was found at the scene connecting Polson to the murder. According to Abner’s testimony, KSP did not take the vehicles of Miranda Halcomb or Justin Simpson into evidence, and did not question Polson’s ex-wife and in-laws to check out Polson’s claim that he dropped his kids off with them on the afternoon of July 15, 2011, the last day Feltner was seen alive. Assistant Commonwealth’s Attorney Jonathon Lee called KSP Sgt. Jackie Pickrell to the stand. Pickrell testified none of the vehicles driven by Simpson or Halcomb matched the description of the truck that exited The Flats given by an eyewitness. Rounds compatible with an AR 15 rifle were also located at the scene. Defense attorney Kellie Wilson handled the closing arguments following a short defense during which Polson’s ex-wife and in-laws testified. According to testimony, Polson dropped his kids off in Harlan sometime between 1 and 1:30 p.m., however KSP never questioned them about it. “The only thing we know without a doubt is that Mr. Feltner was killed by gunshot,” said Wilson. Wilson pointed out no physical evidence was presented connecting Polson to the murder of Feltner. Wilson said at the time Feltner was shot, Polson was on his way to Tennessee with Paul Thomas. Wilson additionally argued Simpson was at Feltner’s house on the last day Feltner was seen alive. Wilson also mentioned Simpson had pawned a gun the day after Feltner was last seen, and that Simpson and Feltner were partners in an illegal drug business. Wilson also mentioned that the last text message sent by Feltner’s phone did not mention Polson or The Flats. “You haven’t heard any DNA evidence linking Mr. Polson to the death of Feltner,” said Wilson. “No murder weapon. Nothing linking Mr. Polson to the Flats that day other than Judy Simpson’s statement ‘I saw a dark truck.’” Wilson said Feltner was not seen on the surveillance video from the Speedway convenience store in Cumberland when Polson appears on it at 2:07 p.m. Commonwealth’s Attorney Parker Boggs told Williams that Davenport would be handling the state’s closing arguments. Davenport began her closing stating that the 6:19 p.m. time that Judy Simpson gave was from memory. Davenport mentioned the empty rifle cartridge shells found at the flats were not in an area that would commonly be used for target practice, and that the one unfired shell suggested a trained shooter because a trained shooter would first chamber a shell before attempting to fire, which could lead to a shell already previously chambered to be ejected. Davenport told the jury that Polson was the only person to leave before being interviewed by police when Justin Simpson and Halcomb were initially interviewed. Davenport pointed out that Thomas testified that he saw a bulletproof vest in the back of the vehicle when Polson picked him up on July 15, 2011. Thomas also said Polson gave him a pill from a silver pill case rather than the usual pouch Polson usually carried his pills in. “He killed James Feltner,” said Davenport. “That’s why we ask you to find him guilty.” The jury then retired to chambers to deliberate the case. Deliberations continue today.
Posted on: Tue, 15 Apr 2014 02:32:12 +0000
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