Kevin Holland of Knoxville, who was charged with the first degree murder in the shooting death of Larry James Smith of Knoxville Sept. 29, 2003, was found guilty of manslaughter Saturday, Jan. 29, in Johnson County Circuit Court. An eight-women, four-men jury deliberated approximately five hours before reaching the verdict. The jury returned a sentence of 10 years in the Arkansas Department of Corrections and a $5,000 fine.

At the opening of the trial, Prosecuting Attorney David Gibbons and Deputy Prosecuting Attorney Bruce Wilson stated they would prove that Holland shot Smith once in the chest in the Holland residence, moved his body to a trash pile, and, finding Smith still alive, shot him once in the head at the trash pile before moving the body a second time to an area of high weeds.

Bill Pearson and Ernie Witt, defense attorneys, stated Holland confessed to firing two shots, one of which struck Smith in the chest, moving the body to the trash pile and later moving it to a weedy area.

The first prosecution witness was Johnson County Sheriff Wesley Kendrick, who is related to the Holland family. He stated Kevin Holland's father, Lonnie Holland, arrived at Kendrick's residence around 7 a.m. the next morning, Sept. 30, and advised him of the shooting. At that time, Kendrick stated he drove to the Kevin Holland residence and found Holland sitting on the front porch with his head in his hands.

Kendrick told the jury he advised Holland that he did not have to speak to him about the shooting, but Holland did speak to him. When advised of the location of Smith's body, Kendrick went to the area. He described the body as being dressed in jeans and shoes with the torso wrapped in a pink blanket. Kendrick stated there was no pulse and returned to the Holland residence where he contacted Chief Deputy Jerry Dorney to come to the scene.

Under defense questioning, Kendrick stated he has known Holland around 16 to 17 years, knew him to be "law abiding," did not doubt that Holland had told him the truth, and upon the arrival of other law enforcement officers, transported Holland to the Johnson County Detention Center without handcuffs or restraints.

The next prosecution witness was CID Sgt. Jim Dorney of the Johnson County Sheriff's Office (JCSO) who testified he interviewed Holland at 8:35 a.m. Sept. 30 at the JCSO and in the interview, Holland stated he arrived home after 4 p.m. Sept. 29 and Smith, who was staying with Holland, was on the porch drinking beer. During the evening, Holland stated Smith "started talking wild stuff" and cursing which Holland stated scared him.

In the interview, Holland said he attempted to calm Smith down and went to the kitchen at which time Smith got "worse and worse, worse and he started getting me nervous then scared." While in the kitchen, Holland advised Sgt. Dorney that he got his gun, a .45 Ruger pistol, from where it was lying on the TV set. Holland stated Smith threatened to kill him and leaned forward in a chair and Holland fired the gun twice at which time Smith slumped back into the chair. Holland stated that Smith was not in a standing position when he fired and was not sure of the number of times Smith was shot.

Holland continued, stating that he dragged Smith's body from the residence to a trash pile and returned to the residence, stayed in the residence an unknown amount of time, and returned to the body with a blanket to take Smith's body back to the house. While attempting to pick up the body, Holland stated, "I got a bunch of blood - came from somewhere and got on me." Holland said that he became scared and dragged the body away from the trash.

Sgt. Dorney then questioned Holland about cleaning the house and Holland said he did not clean anything except cleaning the blood off his arms. At the end of the interview, Holland pointed to his chest, stating Smith was shot in the chest.

Pearson stated Sgt. Dorney never established where Holland was standing when the shots were fired. Sgt. Dorney in recalling Holland's interview stated he was in the kitchen. Pearson questioned Sgt. Dorney of his role in gathering evidence. Sgt. Dorney replied he had very little involvement in gathering evidence and what was gathered were items from the weedy area, trash pile and some items from the residence and had no part of collecting evidence on Smith.

On the second day of the trial, Lonnie Gilbert was called as a prosecution witness and testified that he saw Smith the afternoon of Sept. 29 and Smith did not appear drunk or staggering around. The defense established Gilbert was only at the residence five or 10 minutes.

Raymond Coulter was called as a prosecution witness and testified that he and his brother, Ronnie Coulter, arrived at the Holland residence between 5 p.m. and 6 p.m. Sept. 29. Upon arrival, Smith and Holland were watching TV and the four went to Scranton to purchase more beer. After returning from Scranton, the four men watched TV and drank beer until an altercation broke out between Raymond Coulter and Smith. Raymond Coulter stated Holland intervened and stopped the fight at which time the Coulters left the residence.

Under defense questioning, Raymond Coulter stated he had no idea of what "set" Smith off, stating, "He just flipped." Raymond Coulter testified Smith threatened to kill him, that his brother intervened and Smith pushed his brother down and when they left, Smith was still in "the same state." Ray Coulter added Holland came to his sister's house the next morning and said he loved me and he would see me later.

Ronnie Coulter took the stand as a prosecution witness and he confirmed his brother's statements. "James (Larry Smith) turned into a different person."

Ronnie Coulter, when questioned by the defense, said Smith appeared fine until Smith rushed him and pushed him down adding, "He just went crazy." According to Ronnie Coulter, Smith threatened to kill us and Kevin tried to stop the fight. Smith continued to get worse, said Ronnie Coulter, adding they left; however, Smith was not staggering or slurring his words. Ronnie Coulter said he did not call the law after returning to his sister's residence, which was next door to the Holland residence.

Rhonda Hernandez, sister to Raymond and Ronnie Coulter and a prosecution witness, stated Holland arrived at her residence around 7 a.m. Sept. 30 and was very upset asking her to tell her brother that he loved him.

The next prosecution witness was Chief Deputy Jerry Dorney of the Johnson County Sheriff's Office who interviewed Holland at 7:55 p.m. Sept. 30. In the interview, Holland confirmed Smith had been staying with him three to four weeks and that he had known Smith "since we were kids."

Holland again testified that Smith was saying "off the wall stuff" that was "pretty incoherent." Chief Deputy Dorney provided a diagram of the residence and asked Holland to show on the diagram where Smith was, where he was and where the gun was. Holland indicated Smith was in a recliner in the living room, that he was in an entrance way between the living room and kitchen and the gun was on the TV. Holland said that before he shot Smith, "He said he was going to kill me, started coming up out of the chair."

Chief Deputy Dorney questioned if Holland checked on Smith and Holland said Smith was bleeding from the chest area. The next action Holland remembered was dragging Smith outside to a trash pile and returning to the residence. When asked why he went back to the body, Holland said he didn't think the body should be outside and after trying to pick up the body and getting blood on himself, he said, "I drug him away from the trash."

As in the previous interview, Holland stated he layed down and could not sleep. In the morning, Holland attempted to call his father from a convenience store. Told that his father had gone to work, Holland drove to his father's place of work and advised his father of what had occurred.

Chief Deputy Dorney advised Wilson that in executing a search warrant upon the residence and the land behind the residence, he walked over the area with a video camera. He testified the body was in a weedy area, not readily visible, and there was one gunshot wound in the chest and another in the head. Chief Deputy Dorney stated pieces of bloodstained paper, cardboard and a beer box were found at the trash pile, and a blue shirt was found on the ground. All the evidence was sent to the state crime lab.

Upon returning to the residence, Chief Deputy Dorney stated blood spots were found on the porch and the .45 Ruger was found on the washing machine in the residence. Blood spots were found on the kitchen floor and on socks lying on the living room floor as well as two Winchester shell casings. The recliner in which Smith was seated showed only one blood stain and there were some blood pools on the carpet in the living room. A .38 caliber revolver was also recovered in the residence during the search. Evidence from the residence was collected, tagged and sent to the crime lab, stated Chief Deputy Dorney.

Under cross questioning by the defense, Chief Deputy Dorney said items he did not consider pertinent to the investigation were not tagged as evidence and submitted to the crime lab. Pearson advised the court that scissors and knives in the living room area near the recliner were not collected. Pearson stated that Chief Deputy Dorney did not collect any evidence that he did not think was important. "No, sir," said Dorney. "Mr. Smith was not stabbed; he was shot. If he'd been stabbed, I would have collected every sharp item I found."

Chief Deputy Dorney confirmed the .38 caliber pistol was loaded and one spent shell and four live rounds were located in front of the living room couch. Responding to questions, Chief Deputy Dorney confirmed that the interview with Holland began around 7:55 p.m., that Holland was cooperative, that Dorney spoke more during the interview than Holland who responded "I don't know" to several of Dorney's statements, that Holland was not sure of his location when Smith was shot, confirmed he followed the path Holland took in moving the body, his understanding of Holland's actions when attempting to take the body back to the residence and Holland's lack of sleep.

Wilson cross-examined Chief Deputy Dorney and established that Holland never mentioned the gunshot wound to the head during the interview and that Holland never stated Smith had possession of the scissors or knives during the evening of the shooting.

Pearson in another cross-examination of Chief Deputy Dorney confirmed nothing was moved or altered at the scene and the location of the end table with the scissors was misidentified. Chief Deputy Dorney stated Smith's shirt which was pulled up from his torso was saturated with blood and items from the trash pile were smeared with blood as was the blanket.

Wilson asked Chief Deputy Dorney about the amount of blood on the blanket and he stated, "A good amount of blood was on the blanket."

The next prosecution witness was Dr. Frank Peretti, assistant medical examiner for the Arkansas Crime Lab. Peretti stated he performed the autopsy on Smith Oct. 1 and related the cause of death as gunshot wounds to the chest and head.

Peretti described other injuries such as abrasions and contusions stating some of the abrasions on the back were postmortem (after death) and others were perimortum (at death or before death).

According to Peretti, the chest wound did not show any stifling (gunshot residue) or soot; however, clothing would have prevented this. Peretti described the gunshot wound to the chest as entering the chest wall and striking the heart and thorasic aorta adding that Smith could have lived from three to five minutes after receiving the wound. Perretti advised the Court approximately 1,200 milliliters of blood were recovered from the chest cavity. A large caliber silver jacketed bullet was retrieved from the chest wound.

There was no stifling or soot present at the site of the head wound and the core of the bullet had separated from the copper jacket. Peretti stated the wound could possibly have been inflicted while Smith was lying on the ground.

Gibbons asked Peretti if it were possible that Smith was alive when the head wound occurred. Peretti said, "Head wounds bleed profusely." Peretti continued stating there was very little blood on the recliner; he would have expected to see more blood, and the amount of blood on the recliner was not consistent with a head wound that Smith would have incurred in the recliner.

The toxocology reports for alcohol showed .32 from the blood in the chest cavity and .38 in the urine. Peretti gave the details from the toxocology test for methamphetamine reporting the test showed methamphetamine, amphetamine and marijuana were found in the urine which indicated Smith had been using drugs within 24 hours of his death.

Defense counsel stated medical authorities are not asked to render medical opinions on "possibilities" but that "probabilities" was the term accepted by the medical community. It was also pointed out the perimortum injuries were not in the official report and Peretti stated he had discussed the case with the prosecution and defense on several occasions.

During the cross-examination by defense counsel, Peretti stated he could not determine which wound occurred first. He also stated the report showed Smith was shot in the residence and dragged outside and a corrected report was not issued stating Smith was shot in the head outside the residence. Peretti also stated he did know the exact location of Smith when he was shot.

The prosecution cross-examined Peretti by asking if it were probable that there should be more blood on the recliner if Smith received the head shot there to which Peretti replied, "Yes."

The prosecution followed with more witnesses from the crime lab beginning with Bobby Humphreys, latent print examiner. Humphrey stated there were no latent prints suitable for identification found on the .38 caliber Rossi.

Edward Lawman, biologist, stated he examined 15 pieces of evidence for fluid samples. He stated the test showed the presence of blood on the pieces of paper, cardboard, beer box, blue shirt, carpet, recliner fabric and socks.

Terry Rolfe, biologist, stated the DNA tests on the blood samples collected at the scene were consistent with the DNA of Smith.

Chantelle Taylor, crimiologist, stated gunpowder flakes and lead residue were found on the shirt Smith was wearing which indicated a firearm was in close range when discharged.

Ruben Linder, firearm and toolmark examiner, testified the chest wound was made with a Winchester aluminum jacketed hollow core .45 caliber bullet and the head wound was made with a copper jacketed .45 caliber Federal hydro bullet. The two Winchester shell casings found in the living room matched the bullet found in the chest wound, stated Linder. He also stated the chest wound was made from a distance of six inches to 12 inches and the head wound was made from a distance of more than 20 to 24 inches.

Under questioning by defense, Linder confirmed he did not perform the tests to determine the Winchester bullet was matched to the Winchester shell casings. "With what evidence was submitted, the hydro shot bullet did not come out of a Winchester cartridge case," said Linder.

The defense questioned Linder if gunshot residue would occur if fir-
ed beyond one foot. Linder stated he had fired four different shots into fabric to determine the residue pattern but did not examine Smith's shirt, relying instead on Taylor's report.

The state rested its case at 4:05 p.m. Jan. 28.

Saturday began with defense witnesses, Verlon Farris, Tina Shatwell and Kevin Holland being called to the stand. Farris and Shatwell testified that Holland was a "good guy," "very nice and caring."

Farris stated that he had known Smith approximately 15 years and said, "People were scared of him," calling him a person to be feared at all times. Farris stated he purchased a weapon because of Smith.

"He was somebody I feared," said Shatwell. "He was someone I didn't want to be around." She added that Smith displayed irratic, threatening, aggressive behavior stating she believed him when he said he would harm someone.

Holland took the stand in his own defense and under questioning from Witt stated he was a friend of Smith, agreed with Shatwell that he was afraid of Smith, that Smith had struck him before but he did not strike back, and had no contact with Smith until he moved in uninvited. "James became irratic. He wasn't like he was as a kid. He could make me afraid of him," said Holland. "He wasn't a guy you said no to."

When asked why Holland did not ask Smith to leave he said, "I was scared to ask him to leave," adding that he and Smith never had "cross words" and Smith had not been aggressive toward him during the three weeks.

Holland said he has a complete memory of the night of Sept. 29 now, but was "very tired, shook up," when relating the events of that night to Sgt. Dorney and Chief Deputy Dorney. When asked by Witt why he did not give a complete statement, he said, "I don't know." As to why he shot Smith, Holland stated, "I didn't have a choice."

Holland testified that he had the .45 caliber gun and the .38 caliber gun at his residence and the .38 caliber gun was kept beside his bed but both guns were kept loaded for "protection."

In relating the events of Sept. 29 to Witt, Holland stated the evening started off all right but problems started about one hour after returning from Scranton. At that time, Smith started cursing Ray Coulter. "We thought if we ignored it, he would stop," said Holland. Under pressure from Witt, Holland explicitly stated what Smith called Ray Coulter.

Holland confirmed Ray Coulter was knocked down by Smith and he tried to calm Smith. When asked why he did not leave with the Coulters, Holland stated he was afraid Smith would destroy his house like he heard that Smith had done others.

Smith was "talking crazy," said Holland, and he said he'd found my gun. Holland advised Witt he saw the .45 caliber Ruger on the TV but went into the bedroom to check on the .38 caliber Rossi; however, it wasn't there.

Holland repeated that Smith was "talking crazy" and when pressed by Witt to repeat Smith's words, Holland stated what Smith said.

(Editor's note: The Graphic has chosen not to print the exact words. In summary, Holland's testimony indicated Smith threatened to perform sexual acts with him as he did with other persons in prison.)

Holland testified that he picked up the .45 Ruger and told Witt that he did believe Smith would hurt him.

Holland stated he was scared when Smith repeated his statement. "I had never heard him say anything like that before," said Holland, adding that he told Smith he was scaring him and asked him to stop. Holland stated he showed Smith the gun in his hand, Smith began to rise from the recliner and Holland shot twice in the living room, denied shooting Smith outside the house and did not know which wound occurred first.

Holland said he did not know how far away he was from Smith when he fired the gun and did not look to see if Smith had a weapon. Holland said he shot Smith because he said he would kill me and I believed him and did not have a choice. "I panicked, I didn't know what to do," stated Holland. He also restated that he did not check to see if Smith was alive but dragged him to the trash pile and returned to the residence.

At the residence, Holland stated he looked for the .38 Rossi and found it in the cushions of a couch on which Smith slept.

Witt asked Holland why he decided to move Smith's body. "I can't explain," said Holland. Holland stated he took a blanket to wrap the body but when he picked up the body, "blood went all over me. I panicked. I wanted to move him from the trash pile. He wasn't trash."

Holland stated the reason he stayed at the residence during the night was that he didn't know what to do. After speaking with his father the next morning and returning to his residence, Holland stated he did not rearrange or move anything.

Gibbons questioned Holland of why he did not seek help in removing Smith from his residence if he were afraid of him. Holland agreed with Gibbons' statement that he made no attempt to control the situation with Smith to which Gibbons stated Holland could control Smith citing the incident in which Holland calmed Smith on the night of Sept. 29.

Holland stated the missing .38 caliber pistol concerned him saying, "I thought he may have it." Gibbons stated Holland missed the opportunity of saying why he shot Smith when he didn't advise his father, the sheriff, Sgt. Dorney or Chief Deputy Dorney about the missing gun. Gibbons pointed out that 10 hours after the shooting in the interview with Chief Deputy Dorney, no mention was made of the .38 gun.

Holland stated Smith pointed something at him at which time Gibbons stated that Holland had not made that statement in his interview with Sgt. Dorney. "He was coming at me. He was out of the chair," stated Holland. Holland stated he fired one shot right after the other and Smith fell over, "He slumped sideways."

"At the time you were dragging him, he was alive," stated Gibbons. Witt objected stating the medical examiner stated Smith didn't live three to five minutes.

"I believed him not to be alive," stated Holland. Gibbons asked Holland why he did not seek help. "During an eight-hour period, did you not go over to the Coulter boy and tell him what you did?" asked Gibbons.

"I didn't know what to do," replied Holland.

"During this eight-hour period, you did nothing." stated Gibbons.

Holland never mentioned the head wound in any of the interviews, said Gibbons.

Witt stated Holland didn't consider himself rational during and after the incident and said there were numerous things told to the jury that were not in the interviews. "Have you told the truth today?" Witt asked Holland.

"Yes sir," replied Holland.

Following the close of the defense witnesses, Judge John Patterson advised the jury it would be considering a conviction of first degree murder, second degree murder, manslaughter or negligent homicide or determining Holland was not guilty.

In the closing argument, Gibbons stated the evidence showed Holland shot Smith in the residence from a distance of six inches to 12 inches using an aluminum jacketed hollow point bullet which traveled through the lung, heart and aorta at which point "James Smith began to die."

Holland knew the shooting was not justified, said Gibbons, and that he had done wrong. Because of this, Holland dragged the body to the trash pile and if he knew he had had no choice, he would have called someone for help, Gibbons continued. "But he didn't do that; he tried to hide the body in the trash pile," adding that Holland never told anyone he shot Smith because a gun, scissors or knife were pointed at him. "He never mentioned the .38 pistol until today."

According to Gibbons, Holland moved the body while Smith was still alive referring to Peretti's testimony. Gibbons said the evidence showed one wound was inflicted in the trailer and the other was inflicted at the trash pile. Gibbons referred to Peretti's statement of the chest wound having very little outward bleeding and the lack of blood on the recliner, around the recliner and the areas over which Smith was dragged.

The head wound was inflicted when Smith was still alive, Gibbons said, and the copper jacketed bullet broke after entering the head and would have caused profuse bleeding. Investigators found a "lot more blood" at the trash pile and the blood was from Smith according to DNA evidence, Gibbons stated.

Two Winchester shell casings were found in the trailer and the chest wound contained the Winchester aluminum jacketed bullet, Gibbons said. The other, a Federal hydro shot copper jacketed bullet, was found in the head and no Federal shell casing was found; however, both bullets were fired from the .45 caliber Ruger, added Gibbons.

During Gibbons' closing argument, Witt objected to Gibbons' statements concerning Peretti three times stating Gibbons was misquoting Peretti's testimony. Patterson advised Witt that the jury had heard the evidence and if it was misquoted, the jury could disregard Gibbons' statements.

Witt began his closing argument stating that if you are going to quote evidence in a case be accurate adding it was necessary for him to object and he took offense to the misstatement of evidence. "Mr. Gibbons has made a travesty of Dr. Peretti's statement."

Witt then turned to Peretti's testimony in which Gibbons used the term possibilities stating that "no expert witness makes statements on possibilities. "Dr. Peretti didn't say yes or no to the location of the head shot. Dr. Peretti said, 'I would have expected there to be more blood.'"

"Kevin is a boy from the country," said Witt. "You don't threaten to do that to a country boy. You can't put yourself in his (Holland's) shoes. You're not Kevin Holland. He was scared to death."

Witt stated Chief Deputy Dorney never asked Holland what role the .38 caliber Rossi played in the shooting, stating that Dorney found the weapon when he searched the residence and there was no evidence of any discussion of the .38 between Holland and Smith.

In describing Holland's behavior, Witt said, "Mr. Holland went to the kitchen to protect himself," adding that Holland knew the gun was missing. "As far as I know, there's not one person that didn't fear Mr. Smith," stated Witt.

Witt continued his description of Holland saying that Holland is inarticulate, "somewhat of a simple fellow, a country boy," who is not good at expressing himself and is reluctant to use Smith's words.

Witt advised the jury he believed Holland shot Smith twice in the trailer based on the medical examiner's report and Peretti's statement that he did not know which shot came first.

"Mr. Holland was justified in what he did," Witt said.

Gibbons addressed the jury stating that if Holland thought Smith had the .38 pistol why had Holland not told Kendrick, Sgt. Dorney or Chief Deputy Dorney. In regard to Witt's objections, Gibbons said, "I don't want you to think I put one false statement before you."

The jury retired for deliberation at 2:32 p.m.