Jurors ask to return today after beginning deliberations in 2010 slaying trial

Patrick Carmody, 45, is led Monday, Oct. 7, 2013, in Hamilton County Criminal Court Judge Barry Steelman's courtroom for a hearing to request a separate trial from codefendant Billy Bob Partin, 40, (not pictured) for charges of first-degree murder and especially aggravated robbery in the 2010 slaying of Chance LeCroy. Judge Steelman denied Carmody's request.
Patrick Carmody, 45, is led Monday, Oct. 7, 2013, in Hamilton County Criminal Court Judge Barry Steelman's courtroom for a hearing to request a separate trial from codefendant Billy Bob Partin, 40, (not pictured) for charges of first-degree murder and especially aggravated robbery in the 2010 slaying of Chance LeCroy. Judge Steelman denied Carmody's request.
photo Chance LeCroy, a Hamilton County homicide victim.

After deliberating 1 1/2 hours Thursday, jurors could not reach a verdict in the Patrick Carmody murder trial. They return today at 9 a.m. to Judge Barry Steelman's Criminal Court to determine whether Carmody, 47, is guilty of felony murder and especially aggravated robbery in the 2010 slaying of Chance LeCroy.

The three-day trial came to a close Thursday. Throughout the week, prosecutors maintained Carmody, Ronald Pittman and Billy Bob Partin drove to 1211 Johnston Terrace on Sept. 9, planned to steal LeCroy's marijuana and money, and instead shot and beat the 21-year-old to death. They roared away in a grayish-blue pickup truck, and nearly two years passed before the state arrested them, according to prosecutors.

In 2014, Partin pleaded guilty to second-degree murder and was sentenced to 20 years of prison without parole. Pittman, meanwhile, faces charges of facilitation of felony murder and facilitation of especially aggravated robbery. He testified earlier this week against Carmody in the hopes of earning a deal from the state.

That motivation is precisely what Carmody's attorney, Lee Ortwein, seized upon during closing arguments.

After flaying Pittman on the stand the day before - delving into his affair, his prior criminal history and his credibility - Ortwein created a mental image of the state's version of events, likening it to a puzzle. Pittman was a key piece of that puzzle, Ortwein said, because he belonged to a clique at Harbor Lights Yacht Club, a clique that included Manuel Alcantara, Eddie Holloway, Joshua Dawson and Partin.

And some of those clique members knew LeCroy, knew he sold marijuana, knew where he lived in Hixson, and knew he'd just gotten a fresh shipment, as prosecutors established earlier in the week. But Carmody never belonged to that group, Ortwein said.

First, Ortwein talked about the pickup truck that LeCroy's roommate saw leaving the scene. It was Pittman who told Dawson to help Partin spraypaint it from blue to gray, he said.

Then, "next thing that happens is, Mr. Pittman shows up to work one morning, and everything's fine, and all of a sudden Billy Bob [Partin] pulls him aside and says, 'We're going to rob this guy," Ortwein said.

"I hope you don't believe that," Ortwein continued.

He pointed to one more example: After returning to Harbor Lights, the men didn't go to Carmody's place. They went to Dawson's apartment.

"Why would you do that?" Ortwein asked. "Do you just go to some other random apartment and walk in the door? Really? It makes no sense. It makes sense if you walk into that apartment because you don't care who's inside."

Ortwein tried to convince the court that some of the witnesses - including Alcantara, Holloway, and Dawson - knew about the robbery and therefore couldn't be used to convict his client. Ultimately, Judge Steelman granted him a jury instruction, saying jurors would have to find other evidence to corroborate the state's claims if they believed those witnesses were accomplices.

Speaking to jurors last, prosecutor Cameron Williams challenged some of Ortwein's points. Dawson was 19 when the robbery happened, he said, and clearly not involved. In fact, he was threatened by Carmody, he added. Furthermore, why would everyone conspire against Carmody? All the evidence pointed to him, and they could have made up somebody else.

"You have an awesome opportunity that has been almost six years in the making," Williams told jurors.

"You have an opportunity," he said, pointing to Carmody, "to hold him responsible."

Contact staff writer Zack Peterson at zpeterson@timesfreepress.com or 423-757-6347.

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