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Saturday, Oct. 31, 2009

Man found not guilty in WR murder trial

PERRY — A Houston County jury returned a verdict of not guilty on all counts Friday in the trial of a Warner Robins man who was accused of murder.

Mario Harris, 32, was accused of stabbing Stephen Thad Register, 32, of Warner Robins, once just below the chest at 10:44 p.m. Dec. 27, 2007, in the parking lot of a Warner Robins restaurant and bar. Register died about six hours later at Houston Medical Center.

Harris, who testified he stabbed Register in self-defense, was tried in Houston County Superior Court on charges of malice murder, felony murder, aggravated assault and possession of a knife during the commission of a crime. The jury also found Harris not guilty of manslaughter, a charge that was added by the court for consideration by the jury after all testimony, evidence and arguments from attorneys was completed.

When the verdict was read aloud in the courtroom, a member of the Harris family shouted, “Hallelujah!” and sobbed. Register’s parents and other family members broke down in tears and loud sobs.

Outside of the courthouse, Franklin J. Hogue, a Macon attorney who represented Harris, said the Harris family was elated by the verdict.

“We acknowledge the tragedy to the Register family. I know the Harris family, particularly Mario, feel sorrow for them. But the tragedy wasn’t compounded by another young man losing his life to prison,” Hogue said.

The visibly grieving Register family was escorted by bailiffs from the courthouse to the parking lot.

Jurors had deliberated for several hours before recessing Thursday. The verdict was announced at 9:30 a.m. Friday after jurors had deliberated about 30 minutes.

Eddie Lindsey, jury foreman, said outside of the courthouse that jurors did not believe that state prosecutors had presented strong enough evidence for a conviction. Lindsey noted that Harris was under the presumption of innocence and the state was required to prove otherwise.

Lindsey said jurors were very careful in deliberations and followed the letter of the law. Jurors had asked for and received early in deliberations a written copy of the charges to the jury, which are the judge’s instructions to the jurors on the law that applies in a case and definitions of the legal concepts. Key to deliberations were the terms “offensive” and “defensive,” Lindsey said.

“There was nothing to prove he (Harris) was the aggressor,” Lindsey said. “He reacted rather than acted.”

Harris testified that he feared for his life and didn’t have a choice but to stab Register when Register and two other men, Bobby Releford and Andrew Holiday, of Kathleen, rushed him in the parking lot of Buffalo’s at 3061 Watson Blvd. Harris testified he feared Holiday may have had a gun.

The confrontation followed an unexpected meeting in the restaurant and bar between Harris and his then 17-year-old half-sister, Brittany Holder. Holder was dating Releford at the time.

“We respect the jury’s verdict,” Houston County Chief District Attorney Jason Ashford said. “We’re disappointed. But this is how the system is supposed to work. ... We did our best to give the victim a voice.”

Judge Katherine K. Lumsden presided over the weeklong trial.

To contact Becky Purser, call 256-9559.