Jury to decide whether suspect's actions in 2020 shooting was 'justifiable homicide'
Five days into the latest homicide trial in Sioux Falls, the courtroom feels somber.
Marcus Jerell Anderson, the defendant, silently sits in his chair, leaning over occasionally to whisper to his lawyer before hearing closing arguments in his trial Monday.
The 34-year-old man is on trial for the 2020 homicide of Jarell King. The two knew each other because King shared a child with Anderson's girlfriend, who was present in the courtroom.
Sitting behind Anderson, she cried as she heard the state recount how King died and the struggle that happened for the gun that killed King.
More: Man on trial for 2020 Sioux Falls homicide argues self-defense
"There's so much lying in this case," Mark Joyce, attorney at the Minnehaha County State's Attorney's Office, told the jury referencing Anderson and his girlfriend's testimony.
Anderson was charged with two counts of first-degree manslaughter, one count of aggravated assault, one count of possession of a firearm and one count of being a habitual offender.
The charges come from a shooting in October 2020 at the residence of Anderson's girlfriend, King's ex-girlfriend. King came to see his 3-year-old son after Anderson's girlfriend told him their son was being supervised by Anderson, rather than a daycare.
The two got into an altercation and King was shot in the neck. King later died from his injuries at the hospital.
More:Man arrested for 2 counts of attempted murder in Sioux Falls, police say
The state argued ownership of the gun is the single fact on which the case occurs. Joyce said based on the evidence, Anderson's testimony was not consistent with the DNA found on the gun used to kill King.
"The gun belongs to the defendant and that changes everything," said Joyce.
Joyce told the jury the evidence is consistent with repeated touching of the gun, not with transfer DNA as indicated in Anderson's assertion that the gun belonged to King, and their struggle over control of the gun.
The gun was registered under Anderson's ex-girlfriend, Joyce said, who he had called shortly after shooting King, but before 911 was called.
More:South Dakota Supreme Court denies petition from convicted rapist in 2016 case
The defense pushed back against the state's arguments, contending King had sent messages to Anderson's girlfriend threatening her and Anderson prior to the incident that led to King's death. On the day of the incident, King committed three felonies: first-degree burglary, aggravated assault and kidnapping, argued Jason Adams, of Tschetter & Adams Law Office.
Because King allegedly had the intent to kidnap his son from the home and had struck Anderson in the struggle for the gun, Adams argued Anderson's actions can be deemed as "justifiable homicide."
"Once they're fighting over the gun, Marcus is allowed to use deadly force," said Adams.
Adams said Anderson "is allowed to defend himself, his home and [the son]." Although he is a felon, Adams said he had the constitutional right to defend himself against burglary and self-defense is justifiable in this instance.
As of 4:15 p.m. Monday, the jury was deliberating the verdict in the case. Any possible sentencing is not expected to come for another four-to-six weeks.
This article originally appeared on Sioux Falls Argus Leader: Jury begins deliberating in trial of man in 2020 homicide arguing self defense
