Defendant's brother takes stand in Curtis murder trial
</element><element id="paragraph-1" type="body"><![CDATA[John C. Curtis Jr. is expected to take the stand in his own defense Wednesday morning.
Judge Walden Morris quizzed Curtis carefully Tuesday afternoon, making sure the defendant knew he has the right not to testify.
Curtis, 27, Harrisburg, is standing trial on two charges of murder and a weapons charge in connection with the death of Toby Jump, 51, Niantic, on April 4, 2009. State's Attorney Mike Henshaw contends a verbal argument between Curtis, his friends, Jump and his friends led Curtis to get a gun and open fire, killing Jump.
Defense attorney Morgan Scroggins intends to show Curtis is suffering severe post-traumatic stress disorder and the events immediately before the shooting caused him to believe he was threatened.
The state's case ended Monday. The defense began calling witnesses thereafter.
Tuesday morning, the defendant's brother, Jason, testified as a defense witness about the events leading up to Jump's shooting. The Curtis brothers and Josh Noell were hanging around, watching basketball and drinking a little alcohol on April 4, 2009. In the evening, John Curtis left on a Cub Cadet lawn mower to visit the Terry Henderson-Bonnie Mahan house nearby, where a get-together was taking place. As others have testified, Jason Curtis said John Curtis came back irritated because he was told to leave. John Curtis, Jason Curtis and Noell went back to the Henderson-Mahan residence.
"Basically, we asked why they were rude, weren't being sociable," Jason Curtis said.
Jason Curtis and Henderson started arguing back and forth. Both men were mouthing off, Jason Curtis said.
"I was willing to fight him. I was drunk, so I was mad about how he was acting," Jason Curtis testified.
The Curtis group started back toward their own property with Henderson, Jump, Cody Henderson and possibly Jeremy Jump following. Jason Curtis and Terry Henderson were still arguing. The argument was starting to escalate. Jason Curtis testified he believed Henderson was trying to get at him physically. John Curtis and Noell tried to block them from each other. John Curtis ended up falling while trying to block Henderson, Jason Curtis said.
John Curtis left the scene. Moments later, Jason Curtis heard a gunshot, he said. Jason Curtis went toward Jump's body to see what had happened. He testified Jump's wife had come down to the scene. Terry Henderson wasn't around, he said.
Earlier testimony indicated John Curtis may have struck Terry Henderson after shooting Jump.
John Curtis briefly looked at Jump on the ground, then ran away from the scene.
"What should we do with the gun," Jason Curtis asked as his brother came close, according to his testimony.
Jason Curtis suggested throwing the shotgun in the nearby pond, he said.
Jason Curtis was charged with murder by accountability by the grand jury about one month after the incident took place. The charge was dropped, with leave to re-file, in December 2009. He pleaded guilty to obstructing justice, but has not been sentenced. Jason Curtis has given several interviews to authorities about the incident.
Under questioning by Scroggins, Jason Curtis said a statement he signed on Aug. 30 was not prepared by him - it was prepared by the State's Attorney's office.
"Have you been promised anything by the state in exchange for your testimony," Scroggins asked.
"In a way - I could get the charges reinstated on me, the first-degree murder," Jason Curtis said.
Jason Curtis was not called to the stand by the prosecution.
Under cross-examination by Henshaw, Jason Curtis agreed he was represented by attorney Todd Bittle when he was charged and when he gave interviews to police and the state's attorney. Henshaw told Jason Curtis not to sign the Aug. 30 prepared statement if it was not true, Jason Curtis said.
Jason Curtis was also interviewed March 24, with Bittle and State Police Agent Gwen Basinger present. He was asked whether he believed he was in any danger before the shooting.
"No I wasn't. I think I had the situation under control. I was kicking the dude's ass," Jason Curtis said.
Jason Curtis also said Jump was the least vocal of the Henderson group.
Jason Curtis told authorities in a statement he was trying to protect his brother by exaggerating the physical confrontation in prior statements.
"I was trying to protect my brother by omitting the details," Jason Curtis agreed by signing the Aug. 30 prepared statement.
Under questioning by Scroggins, Jason Curtis said he was afraid the murder charge would be reinstated if he did not sign the Aug. 30 statement. Jason
Curtis also said he felt threatened during a meeting last week with prosecutors.