Sentencing

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  Coleman will be sentenced on Aug. 20 by Judge Fowlkes, who will also hear the defense's motion for a new trial on that date.

He'll face up to 25 years with no parole for second-degree murder and two to four years for the aggravated assault conviction. The two assault convictions are misdemeanors.

 His $500,000 bond was revoked and he was taken into custody after the verdicts. A short time later, however, he was taken to The Med after complaining of feeling dizzy, a sheriff's spokesman said.

 Okay, that's it. Again, thanks for reading.


 

More in a bit

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I'm now writing for online.  I'll post it here when I'm finished. Thanks for reading.

A comment from Colt Schwerin, the 20-year-old son of Robert 'Dutch' Schwerin:

"We're just relieved everthing is over. We're just ready to move on."

Defense attorney Leslie Ballin: "I was hoping for something else, but we respect the jury's verdict."

And prosecutor Paul Hagerman: "The children (of Schwerin) held up amazingly well. They're proven themselves to be the true heroes this week."

 

More verdict

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Coleman shows no reaction. He's seated between his lawyers.

He also is convicted of aggravated assault and assault.

A slight gasp came from the Schwerin's side.

There are a few shouts in the hallway  as Schweri's side leaves. A few snifffles from Coleman's side.

Sentencing Friday Aug. 20. He faces up to 25 years in prison.

Coleman's bond is revoked and he goes into custody by law.

 

Now the verdict

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Ok, the jury's back.

Judge Fowlkes again has the file jacket and it reads:  gulty of murder second degree.

 

Wording

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Should add, that while it seems not to be an acquittal, there are three lesser-included offenses to the secondd-degree murder charge.

Back in a moment.

The verdict - almost

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We're waiting for the judge and the jury. So is Harry Coleman. He's wiping his eyes and talking with defense attorney Leslie Ballin.

There's easy chatter in the courtroom at the moment, but very soon it will be tension for all sides.

Everyone is being cautioned not to react to the verdict.

"No emotion, good or bad," Coleman says to his friends in the audience.

Judge Fowlkes is here now and he, too, cautions everyone not to react. Extra deputies are positioned around the courtroom, about a half dozen now.

Here comes the jury.

Fowlkes sends them back to write up the verdict in proper legal language.

Back in a minute.

The fact that the judge had to read the court jacket for several moments usually means that it's probably NOT a not guilty verdict. We will see in a moment. 

There's a light

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A light on the wall near the judge's bench indicates that the jury has something to report.

A deputy just came out and said there's a verdict.

It will take a little while to round up all the parties, but we'll have a verdict soon in the Harry Coleman case.

Stay tuned.

Jury question

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Judge reads the question: Is it an assault if a person knowingly inserts himself into a situation where a gun is known to be present?

The judge says he's inclined to refer them to the jury instructions.

The jury is now brought in.

(Note: If they're already asking about assault, perhaps they've already reached a verdict on the second-degree murder charge if they're going through them in order.)

Judge reads their question aloud and tells them they must decide and apply the law to the facts.

He sends them back to continue deliberations.

(Note: the judge says he'll likely let them deliberate until 7 p.m. and then let them go to dinner and retire for the evening. If they say they want to continue deliberations, he'll let them go no later than 10.)

Back in a bit.

Jury has a question

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After less than an hour, the jury has a question for the judge.

The lawyers are being rounded up and the jury will be brought in to give their written question to the judge.

Many times, jurors have a legal question that the judge will answer simply by referring them to the jury instructions he already has given them.

Whatever the question, it is then added to the defendant's court jacket as another piece of evidence.

How long will they deliberate? Judges typically let jurors set their own schedules once they start deliberation. Judge Fowlkes has not said, but he likely will ask them around dinner time what they wish to do.

Back shortly.

Judge finishes instructions

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The judge finally tells jurors that self defense also can include the defense of a third party.

He says they can have the evidence with them, but that the firearm and the video animation will be available upon request. All the rest of the evidence will be taken back to their jury room with them.

Now the man and woman alternates are being excused. The jury of nine women and three men will now get the case.

Deliberations now begin.

Will post again with updates.

Wrapping up judge's instructions

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Consider the case carefully and fairly, the judge says.

The judge now is calling a break while he completes one more page of instructions that was omitted.

Back in about 15 minutes.

Judge's instructions continued

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Second degree also includes lesser offenses of voluntary manslaughter, reckless homicide and criminally negligent homicide.

Aggravated assault, assault and using a firearm.

Murder in the second degree: State must have proven the killing was knowing and unlawful.

Voluntary manslaughter;  Unlawful killed, intentionally or knowingly, resulted from a state of passion from adequate provocation to make reasonable person to act in an irrational manner.

Reckless homicide: killed and acted recklessly.

Criminally negligent homicide:  defendant's conduct resulted in the death of another person and the defendant acted with criminal negligence.  Intentional, knowing and reckless. 

The verdict must be unanimous. Consult with each other and work toward an agreement, without surrendering your honest conviction for the mere purpose of delivering a verdict.

Start with most serious offense - 2nd degree murder - and don't go to the next lesser offense until you find the defendant not guilty of the charged offense.

 

 

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MemphisTrialBlog.com provides the most comprehensive live-blog coverage of the Mid-South’s most important trials. The blog, which has covered the Noura Jackson, Chris Jones and Henry Lee Jones murder trials since its inception in 2009, provides readers with an inside view of the courtroom and the justice system at work.