The murder trial of a Dayton man accused of shooting Keith Moore to death in June 2012 began Tuesday in Montgomery County Common Pleas Court.
During opening statements, Montgomery County assistant prosecuting attorney Jill Sink said Demond J. “Mont” Harris, 33, finished with gunshots what started out as an argument and fistfight between Moore and another man.
Defense attorney Tina McFall not only told the jury of nine women and three men that the evidence would show Harris was not guilty, but McFall pointed to the other man in the initial conflict — a potential witness — as the shooter.
Moore, 25, was shot to death in the early morning hours of June 1, 2012 near the corner of Xenia Avenue and George Street. Friends reported Moore had been at a nearby house playing video games until about 5 a.m.
“Someone had heard approximately two shots right about 5 o’clock in the morning. They had maybe heard some yelling,” Dayton Police Sgt. Moises Perez said the morning after the shooting.
A forensic pathologist from the Montgomery County Coroner’s Office testified that one bullet entered Moore’s body in his right abdomen and struck his spine and another was fired into the back of Moore’s left thigh. Dr. Susan Allen also said Moore lost 1.5 liters of blood from internal bleeding and that Moore was dead within “minutes” of the shooting.
Sink said a car driven by the girlfriend of the other man in the conflict came to the scene with two men inside it, including Harris.
“Only the defendant had a gun there that morning,” Sink said. “Only the defendant fired a gun there that morning. Only the defendant left with a gun there that morning.”
A grand jury indictment charged Harris with two counts of murder, two counts of felonious assault and three counts of having weapons while under disability. Judge Mary Wiseman is considering the weapons while under disability charges while the jury is considering the other charges. Moore’s death happened less than one year after Harris was released from prison in connection with a 2006 shooting.
McFall told jurors about what she called inconsistent stories of the state’s eyewitnesses and said the two men who drove back to the area are “like kin.” McFall said two witnesses told the same lies three times and that “the evidence will show that (another man) did it.”
Harris has spent about nine years in prison for previous violent felony offenses. He was convicted in 1999 of felonious assault and sentenced to four years in prison after a three-year gun specification was added. He was convicted of felonious assault with a gun specification, having weapons under disability and possession of cocaine in 2007 and sentenced to five years in prison. Harris was released from prison in January 2012.
Prosecutors say Demond Harris shot and killed Keith Moore in June 2012