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A Timberlake man on trial for murder in the September 2006
fatal shooting of a Hurdle Mills man was to resume testimony
in his own defense today in Person County Superior Court.
Timothy Wayne Strickland, 38, of 299 Al Gray Rd. in Timberlake
has been in the Person County jail without privilege of bond
since the drug-related shooting death of Leverne Zimmerman,
29, of 225 Junious Bradsher Rd. in Hurdle Mills on Sept. 6,
2006. Zimmerman reportedly died of a gunshot wound in his
chest. He was also shot in his leg.
Testimony in Stricklands trial began Feb. 19 and will
continue this morning. If convicted by the jury of nine men
and three women, Strickland could face life in prison.
Strickland has admitted he was addicted to crack cocaine
and that he purchased drugs from Zimmerman, whom Strickland
said supplied him his drugs.
Strickland took the witness stand in court Tuesday when he
testified that on the morning of the shooting he fired a .22-caliber
rifle twice at Zimmerman. His defense team of Durham attorneys
Bob Brown, Jerry Clayton and Freda Black has argued, however,
that the shooting was in self-defense.
Tuesday afternoon, under questioning from Brown, Strickland
said he had bought $20 worth of crack cocaine from Zimmerman
earlier in the evening before the fatal shooting took place.
He said that he later returned to Zimmermans residence
with two shotguns and a coin collection, which formerly belonged
to his father. Strickland testified that he intended to trade
the coin collection for crack cocaine and the guns for two
cell phones that Strickland had supplied to Zimmerman at an
earlier date.
The cell phones, according to District Attorney Joel Brewer,
are key to the case. He referenced phone calls in two earlier
cases that led to Stricklands displaying violent behavior.
Evidence regarding one of those incidents was disallowed by
Superior Court Judge Osmond Smith Tuesday, however, Smith
admitted evidence about another incident that took place in
Kingston, Ga. in July of 2005.
Smith heard arguments from both sides pertaining to that
evidence out of the presence of the jury.
According to Brewer, Stricklands wife, Jennifer, called
911 on April 10, 2005 and said that her husband was packing
up and leaving their Al Gray Road residence. She reportedly
added that he was sometimes violent, and wanted
an officer to come out.
In late July, 2005, Brewer said, a report was filed with
police in Kingston, Ga. when Strickland allegedly assaulted
his wife and children. That, Brewer said, came after
Strickland had received a cell phone call.
When arguing for admission of the report from Georgia, Brewer
said, This time instead of beating his wife
he
goes over and murders the victim in his own yard.
Brown, arguing for the defense, told Judge Smith that the
911 call made by Stricklands wife should not be allowed
into evidence because it was hearsay.
To that, Brewer later said, apparently hearsay and
defamation [of character] are fair game for a dead man,
adding that the defense team had assassinated
Zimmermans character over the course of the trial.
After questioning from Judge Smith, Brewer said he would
present the Kingston, Ga. evidence primarily to show Stricklands
motive, intent and malice.
He gets to a certain point of verbal abuse or altercation
and he triggers into a reaction over the top, Brewer
said.
He further added that he wanted the evidence permitted to
show Stricklands state of mind immediately prior
to this incident, which also bears on premeditation
The judge allowed the evidence to be submitted pertaining
to the Georgia incident because he said it offered a proper
and relevant purpose under the circumstances of this case.
He added that there were common evidence factors with
this case, noting that Strickland had had an argument
with his wife prior to the Georgia incident and prior to the
alleged shooting of Zimmerman. Both, Smith added,
involved a cell phone call, the use of alcohol by Strickland
and the fact that his wife was persistent in her demands.
When the jury re-entered the courtroom shortly before 5 p.m.
Tuesday, Judge Smith instructed them that evidence of other
crimes is not admissible to prove character, however,
he explained that it could be used to show the defendants
state of mind as it related to motive, intent or malice.
Brewer quizzed Strickland during his cross-examination if
his wife had attempted to cancel two cell phones that were
allegedly in Zimmermans possession but being paid for
by Strickland.
She tried to cancel them, but [the cell phone company]
wouldnt because they were in my name, Strickland
testified.
Brewer later asked if were it true that Stricklands
wife was [arguing] at you to get it right. Reading
from a statement from Strickland, Brewer asked Strickland
if it were true that his wife had asked him if he had
[guts].
Ive got some [guts], Brewer said as he
continued reading and quoting Strickland.
When referencing the Georgia domestic violence incident,
Brewer asked Strickland if he grabbed his wifes right
hand and twisted it around her back and injured her to the
point that she later had to put a steel plate in. He answered,
No sir.
Brewer then asked if Strickland, under questioning from Georgia
law enforcement authorities, said he can get violent
sometimes when shown his wifes injuries. Strickland
replied, No, she had no injuries to her hand.
When asking Strickland about the pre-dawn shooting incident
that killed Zimmerman, Brewer walked behind the jurors
box and asked if that was the approximate distance Zimmerman
was from Strickland when Strickland claimed he saw Zimmerman
with a gun in his left hand and crack cocaine in the other.
Strickland answered affirmatively to the question.
Strickland told Brown earlier in his testimony that he fired
the rifle because he pulled a pistol on me and said
he was going to shoot me.
He later said that when he was first interviewed by sheriffs
deputies on the morning following the shooting that he had
no idea anybody was even shot or dead
No one had told
me anyone was shot or dead.
Strickland added that when he fired the first shot he saw
Zimmerman twist around to try and get out of the way.
He testified that he fired another shot as he continued backing
out of the driveway.
Zimmerman's fiancé found Zimmermans body at
approximately 5:30 on the morning of the shooting.
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