Just moments after the prosecution called the last witness and rested its case Wednesday morning, the defense also rested its case. Defendant Grant Everson was never called to the stand.
Instead the defense relied on its cross-examination of the prosecution’s witnesses. Judge Kevin Eide informed the jury that Everson has the right not to testify and the fact that he did not testify should not be taken as a sign of guilt.
Following lengthy closing statements by both sides, the case was finally handed over to the 12 jurors who are now in charge of rendering a unanimous verdict in the State of Minnesota vs. Grant Everson.
Everson is on trial for his alleged part in the Jan. 15 shooting of his mother Nancy Everson. He faces charges of first-degree premeditated murder in the fatal shooting of his mother and second-degree attempted murder of his father Tom. He also faces charges of aiding and abetting murder in the first and second degree related to Nancy’s death.
As they have maintained since jury selection, the defense is not contesting charges of attempted murder.
"Without question, you have all you need on two counts of attempted murder," Defense Attorney Christine Funk told the jury during closing statements.
What they are contesting are the two charges of premeditated murder, arguing that the murder plan was abandoned in the Everson’s house and Nancy’s death was the result of a rash and impulsive action by Everson’s friend Joel Beckrich.
"(Beckrich) told the cops, he told his parents, his brother, 'It was instinctual. I reacted,'" Funk said.
"There was no premeditated murder here," she continued. "This was a kid that was freaked out, in over his head, trying to figure a way out."
So while Everson and Beckrich entered the Everson residence that night with the intent to kill Tom and Nancy as they slept, when they left the bedroom without completing their task, with the intention of leaving the house, the premeditated plan was abandoned, the defense argued.
The prosecution disagreed.
"Make no mistake, this was not abandonment," said Assistant Carver County Attorney Peter Ivy. "This was an interruption."
"If their true purpose after leaving that bedroom was to leave, then they would have left," Ivy argued. "They did not leave but went from Plan A to Plan B. They went from box cutters to the shotgun, which is exactly what they talked about."
Beckrich testified earlier this week that he shot Nancy in the hallway of her home after she confronted Everson near the mud room. Everson handed the gun to Beckrich, telling him that he couldn't shoot her, Beckrich would have to.
Beckrich said that he did shoot Nancy, but only after firing a warning shot.
"She ducked," he testified. "Then lunged."
A second shot, fired by Beckrich, hit her in the head."She died," Beckrich said. "She fell forward."
"Everyone in this room is allowed to ask the question, 'If they're not guilty, how come they didn't leave the house?'" Funk said. "But you. You're not. You're special. And you promised you would start with the presumption of innocence."
The prosecution argued that Nancy would still be alive if Everson hadn't asked Beckrich to help him with the murders.
"Yes, Beckrich pulled the trigger," Ivy said. "But would he have been in the house without Grant? No. Would have had had a loaded shotgun? No."
How is handing the gun to Beckrich any different than asking for his help in the first place? Beckrich was hired to kill," Ivy argued.
As the prosecution concluded its closing statement, Tom, in the courtroom for the first time since testifying on Day 4, hung his head and sobbed audibly, trying to pinch the tears back with his thumb and index finger. His daughter Nicole sat next to him, glancing over at her brother sitting behind the defense table.
The defense argued that Beckrich is unpredictable.
"He's a liar," said Funk. "He tells stories."
"His representations are not true," she continued. "How can we rely on him?"
Funk argued that premeditation is subjective and that the prosecution failed to meet their burden of proof by not asking one critical question.
"Not once did they ask him what he was thinking when he shot Nancy Everson," she pointed out.
Funk reiterated the testimony that Beckrich gave during cross-examination, noting that he testified that he never intended to kill anyone that night.
Judge Kevin Eide handed the case over to the jurors at 12:55 p.m. Wednesday. The jurors will be sequestered as they deliberate on the verdict.
If convicted of all four charges, Everson could face life in prison without the possibility of parole. Beckrich pleaded guilty to first- and second-degree murder charges last month. His plea has not yet been accepted by the court.
Follow this story from the onset by clicking on the links below or joining the Everson murder trial group under the Groups section.
Everson trial: Day 9 [1]
Everson trial: Day 8 [1]
Everson trial: Day 7 [1]
Everson trial: Day 6 [1]
Everson trial: Day 5 [1]
Everson trial: Day 4 [1]
Everson trial: Day 3 [1]
Everson trial: Day 2 [1]
Everson trial: Day 1 [1]