By KIRBY ROSS
Phillips County Review
Handing down a mixed verdict, after a trial lasting two full days followed by almost three hours of deliberations, a Phillips County jury has convicted Craig Speake, Phillipsburg, on two charges and acquitted him on three more.
The trial stemmed from events that unfolded at 1060 Second Street in Phillipsburg on May 20 of last year, during which Thomas Stacey, Phillipsburg, was seriously injured and subsequently transported to a Kearney hospital with life-threatening injuries.
In the aftermath of that incident, Craig Speake, who resides at the address in question, was charged with attempted involuntary manslaughter.
That charge was subsequently amended to aggravated assault, with additional drug-related charges added on resulting from a search of Speake’s residence during the investigation that ensued.
Those additional charges included illegal possession of morphine and percocet, illegal possession of Xanax, illegal possession of marijuana, and illegal possession of drug paraphernalia.
The trial on those five charges got underway last week at Phillips County Courthouse at 9 a.m. Wed., March 6.
Defense and prosecution attorneys spent that morning questioning a potential jury pool of several dozen county residents, which was narrowed down to 13 individuals — 12 jurors and one alternate.
After lunch that day, Phillips County Attorney Melissa Schoen opened the prosecution’s case and ultimately called several Phillips County deputies to the witness stand, as well as Phillips County Sheriff Charlie Radabaugh, Phillips County EMS first responders, a Phillips County Hospital emergency room physician, and a Phillipsburg pharmacist.
Schoen’s direct examination of each witness was followed by a cross examination by Speake’s defense attorney, Alex Herman of Hays.
The questioning of the prosecution’s witnesses took all of Wednesday afternoon, as well as Thursday morning, after which the prosecution rested.
During this phase of the trial the undisputed evidence indicated that several people were at Speake’s house on the night in question, including Speake and Stacey.
The testimony indicated that around 9:30 p.m. on the day in question, Speake asked those present at his house to leave.
The testimony further indicated–
•The guests left except for Stacey, who, it was testified, appeared to be in a state of intoxication
•The investigating law enforcement officers said Speake afterwards advised them that Stacey refused to leave, was somewhat belligerent, and poked Speake in the chest a couple times when Speake persisted in asking Stacey to leave his home
•The law enforcement officers testified Speake said after Stacey poked him in the chest, he punched Stacey once or twice, resulting in Stacey falling to the ground, after which Speake said he “bounced” Stacey from his house
•There was body cam footage played of an in-custody law enforcement interview with Speake where Speake stated he had advised Stacey to leave his house, Stacey refused to leave, Stacey poked Speake in the chest, and that Stacey reached behind his back and Speake feared Stacey was reaching for a knife
•Also on the body cam footage was a statement, not heard by the jury, wherein Speake said Stacey had pulled a knife on him twice previously. This part of the footage had been the subject of a legal skirmish between the prosecution and defense outside the presence of the jury. The court ruled this portion of the video to be inadmissible, with the judge saying it appeared the defense was attempting to have it introduced in order to establish Stacey’s character. With the prosecution not being able to cross-examine a statement made on video, Speake’s on-camera statement regarding Stacey’s alleged past conduct was ruled to be insufficient to establish Stacey’s character, and insufficient to offer as evidence of past conduct
Other testimony by law enforcement indicated that after Speake hit Stacey and then removed Stacey from his house, Speake got on his bicycle and rode it to the Phillips County Sheriff’s Office and advised law enforcement that Stacey was laying in his yard.
With Phillips County deputies responding to the scene, they subsequently called in Phillips County EMS.
At the trial, sheriff’s deputies and EMS responders stated that shortly after they arrived they found Stacey outside the house at the bottom of cement steps exiting the residence, with Stacey’s body positioned so his head was nearest to the steps and his feet farthest away from them.
EMS responders testified that they quickly discovered that one of Stacey’s pupils was dilated, indicating a brain injury. Stacey was transported to Phillips County Hospital.
Dr. Jeff McKinley was the Phillips County Hospital emergency room physician on duty that night. McKinley testified at the trial that when Stacey was brought in his left side was paralyzed and his right side was flailing. The doctor said a CT Scan indicated a large amount of bleeding between Stacey’s brain and his skull, and that the bleeding was exerting pressure on one side of the brain, threatening to collapse it.
The testimony indicated that after Stacey was stabilized, he was transported to Holdrege because weather did not allow for air transport to Kearney. The Phillips County EMS team transporting Stacey was met at Holdrege by Kearney medical personnel, and Stacey was handed off to them.
Both Dr. McKinley and Phillips County EMS director Pete Rogers stated they did not expect Stacey to live. Rogers further testified that Stacey’s condition was deteriorating so badly en route to Holdrege that he took out the defibrillator paddles and placed them at the ready on Stacey’s chest in case they had to be used.
Finally concluding the prosecution’s case-in-chief, there was testimony that the following morning Phillips County law enforcement arrested Speake and executed a search warrant on his residence. Law enforcement testified they found a few marijuana plants growing in Speake’s back yard, and found rolling papers, without any loose marijuana, inside the house.
They also testified that they found suspected loose prescription drugs, with no pill bottles. Those medications were afterwards identified by a Phillipsburg pharmacist as being morphine, percocet, and Xanax.
After lunch on Thursday, Speake’s defense attorney, Alex Herman, presented his case.
Calling two witnesses to the stand, the first testified he regularly went fishing with Speake three or four times a week, and had been fishing with Speake on the day in question. The witness stated he has prescriptions for morphine and percocet, and showed the prescription bottles to the court. He said he takes the medication three times a day for neuropathy, lower back pain, and pain due to knee replacements.
He further stated he had been in Speake’s vehicle that day, and had spilled his pills in it. He said he thought he had recovered them all, but when he got home he did a count. When he came up short, he said he called Speake and asked him to see if he could find the rest. He said he heard back from Speake that the lost pills had been found, and that he could come pick them up. The witness subsequently said Speake told him the next day “the cops confiscated them.”
The second defense witness stated he had been over at Speake’s house on the evening in question, and that Stacey was also there.
The witness testified that Stacey was drinking whiskey out of a large mason jar, and that in his opinion Stacey was very intoxicated and erratic.
He also said Speake told everybody to leave, but that Stacey refused to go. The witness stated he himself tried and failed to get Stacey to go, and then left before the physical altercation, but as he was leaving he saw Stacey belligerent, stumbling, wobbling, and falling into furniture.
Verdict Analyzed
The case went to the jury shortly before 5 p.m. on Thurs., March 7. With the jurors recessing for the night and returning Friday morning, after around three hours total deliberations a verdict of guilty was returned on two counts–aggravated assault and illegal possession of Xanax; and not guilty on three counts–illegal possession of morphine, illegal possession of marijuana, and illegal possession of drug paraphernalia/rolling papers.
In analyzing the verdict, it appears the jury’s decisions were based on the following–
•Aggravated Assault
There was no testimony countering the statements that Stacey was belligerent, refused to leave Speake’s home, and poked Speake in the chest, all of which arguably allowed Speake to respond.
However what came next — the manner in which Stacey was removed from the home — was problematic. Based on how Stacey’s unconscious body was positioned outside the residence, the conviction for aggravated assault appears to hinge on the fact that Stacey looked to have been pulled out of Speake’s home by his feet, with his head hitting multiple cement steps as he ended up in the yard.
Speake’s own words — that he “bounced” Stacey from the house — do not convey a favorable mental image to others in relation to Stacey’s head and the cement steps.
•Morphine and Percocet
Regarding the acquital on the charge of possession of morphine and percocet — a third party with a valid prescription testified the pills were his, that he had accidentally dropped them just hours before the incident, that he discovered later on he had not recovered all the pills, that he called and asked Speake to see if Speake could find the lost pills, that he heard back from Speake and was told the pills had been found, and that he had fully intended to go get them but the events in question intervened
•Xanax
Regarding the conviction for Xanax — no testimony was presented regarding why Xanax was on the premises
•Marijuana
Regarding the acquittal for the marijuana — an argument that ditchweed can be found everywhere in Phillips County and is difficult to control here appears to have been effective
•Paraphernalia
Regarding acquittal for drug paraphernalia — no loose marijuana was found on the premises. An argument that rolling papers by themselves can be used for legal purposes appears to have been effective.
Speake’s sentencing is scheduled for May 16.