Thursday afternoon testimony

• E-mail story
• Comments
• iPod friendly

By Brandy Nance (Contact)

Friday, June 27, 2008

By Brandy Nance

nance@emporiagazette.com

This afternoon’s trial session packed some surprises as the second witness in Thursday’s afternoon’s trial came into question after his mother was trying to influence him during trial.

Prior to the witness incident, David Wright, a forensics scientist with the Kansas Bureau of Investigations in Kansas City, Kan., testified in the trail of Theron Thomas Kent this afternoon was determined to be inconclusive on bullet fragments. The bullet jacket fragments, however, were determined to be conclusive to the rifle submitted into evidence.

Wright testified that he examined bullet fragments taken from the body of Beau Arndt and determined those to be inconclusive. Wright said the fragments could neither be identified or eliminated as having come from the rifle submitted for evidence in the case. The bullet fragments were removed from Arndt’s body during autopsy and sent to the KBI for examination. Wright testified that he examined the evidence, which included a Weatherby rifle and several bullet fragments.

When Wright gained custody of the evidence, he put the rifle through a functionality test, which is done to determine if there are any defects that prevent safe operation of the gun. Once the gun is determined to be safe for use, test shots can be fired to compare evidence.

Wright testified he sorted the bullet jackets and fragments into classes to narrow down what type of firearm fired the ammunition.

“We look at things such as the impressions of the bullet,” Wright said. “By counting the number of impressions you can further narrow down the type of gun.”

During examination, Wright determined the ammunition was .25 caliber. On the outside of a larger bullet fragment was six impressions with a right twist. The fragment was determined to be shot from a Weatherby rifle because of the proprietary features of the fragment, which matched that type of ammunition. A total of nine test fires were performed from the rifle submitted for evidence. The test fires were done in a water tank and a cotton tank (a tank filled with cotton). The recovered bullets were then compared under a microscope.

“All of those through the scientific analysis, came to an inconclusive results,” Wright said. “I could neither identify or eliminate that the bullets came from this firearm.”

While the bullet fragments were considered to be inconclusive, the bullet jacket, which is a coating that covers the actual bullet was determined to have been shot from the rifle in evidence. Another examiner verified that there was an agreement for the cartage case when compared to test fires with the rifle, Wright said. This determination wasn’t reached until the final comparisons were done.

The second witness, Nicholas Wise, testified he was in the truck during the time of the shooting with Kent and his brother David Kent. Wise testified that he worked for Kent at the time and the three went to stay at a cabin near Americus. They rode down in a red Ford pick-up. He testified they spent the night in the cabin, got up the next morning and headed toward Emporia. On the way to Emporia, they had a flat tire. An area resident helped them with their flat tire and they again headed toward Emporia to get the tire fixed. Wise testified that it was snowy out that morning. He recalled Theron Thomas Kent, who was driving, stopping the truck by a field, where he took a shot at a coyote. It wasn’t until they drove on and came over a hill that Wise said he spotted geese blinds and a white truck sitting on the side of the road. He said he saw some people around the field. He later testified that he saw only one person in the field. After Kent shot at the

coyote they continued to Emporia where they got the tire fixed.During a break, his testimony came into question when it was discovered that Wise’s mother, Tammy Wise, was gesturing at him. The court reconviened at 4:05 p.m. outside the presence of the jury. County Attorney Mark Goodman said that he had been told by three people that a member of the audience had been gesturing to the witness.

“That unfortunately means to the state that it’s uncertain to what degree that his testimony was influenced by the person,” Goodman said.

Tammy Wise stepped forward and said she was trying to point out to her son that he didn’t know the names of the officers that he spoke to. She said she did not try to assist him with any other answers to questions.

“I think Nick was very confused,” she said, saying that her son is dyslexic and cannot read the police reports.

Judge Merlin Wheeler told the mother that she is excluded from the courtroom and the Lyon County Courthouse until the trial is completed.

Wheeler said Tammy Wise is not to have any communication with her son whether it be direct or indirect, through third parties or text messaging. Wise protested and said they live in the same house. Wheeler said he didn’t care and stood by his order.

“Do you understand that you were attempting to influence a witness in a courtroom in the (death) of a young man?” Wheeler asked her. “And you think you’re more important than that? ... When your son is 20 years old he’s old enough not to be baby-sitted in the courtroom.”

Wheeler said Tammy Wise would be held in contempt if he hears that she has had any communication with her son until the trial is over.

No further testimony was taken from Nicholas Wise.

The final witness of the day was David Kent, Theron Thomas Kent’s brother, who also went on the trip the weekend of the shooting. He identified the cabin they were staying in and confirmed the weather was cold that day. He too testified the three had a flat tire on the way to Emporia the next morning. After the flat tire was aired up, they continued on their way to Emporia. David Kent testified that a coyote ran in front of them and his brother got out to shoot at it. He said the coyote continued to run into the trees. Kent said he did not see anybody else in the area. He did see a white truck on the other side of the road. He said they continued to Emporia where they got the tire fixed.

“My main concern was to get somewhere before the tire got flat,” he said.

Testimony wrapped up today just before 5 p.m. It will continue Friday morning.