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Jury: Orchard killing was murder Victim�s family denies defense�s rape story By Chris Bristol A man who admitted that he beat another man to death in a Phoenix orchard but denied he meant to kill him was convicted Friday of murder. Capping a four-day trial, a Jackson County jury of 10 men and two women rejected a charge of manslaughter and agreed with prosecutors that Michael Terry savagely stomped Kevin Elkins in a jealous but calculated rage and then left him in the orchard to die. The conviction means Terry, 30, will spend the next 25 years of his life in prison without the possibility of parole or early release. First-degree manslaughter is punishable by 10 years. Trial judge Patricia Crain set sentencing for Tuesday. Under Oregon law, the 25-year sentence for murder is mandatory. After the verdict, a spokesman for the victim�s family said they were upset Elkins was accused of raping Terry�s girlfriend � an allegation that apparently was false. "Aside from that, we�re relieved that it�s over and that we can go on with our lives," said Chris Elkins, the victim�s brother and a Phoenix police officer. From the outset of the trial, the defense admitted Terry caused the death of Elkins, 39, whose body was found Nov. 3, 1999, in an orchard off Coleman Creek Road. The attack occurred Oct. 31, the night of Halloween. Because Terry admitted the attack, the sole issue for the jury was whether he meant to kill him. In closing arguments Friday morning, prosecutor Beth Heckert repeatedly called Terry a manipulative liar whose threats against Elkins before the attack and deceptive behavior after the fact � dumping his clothes and sneakers, for example � indicated he knew he had killed Elkins. But knowing he killed Elkins did not prove he meant to kill him. Under Oregon law, a murder conviction requires proof of intent. Manslaughter, on the other hand, is a lesser standard of "reckless indifference" to the value of human life. "When he rolled (Elkins) over and stomped on his throat, at that moment he formed the intent to kill," she told the jury. A coroner testified Elkins had virtually no defensive injuries, meaning he was probably unconscious almost from the beginning of the encounter and unable to fight back. He said Elkins suffered four different potentially fatal injuries. But Andrew Vandergaw, Terry�s defense attorney, insisted that medical evidence from the victim�s autopsy did not prove Terry "stomped" the man. He recounted the defendant�s own testimony that he never meant to kill Elkins and panicked � crashing the victim�s yellow Camaro into a ditch while fleeing the scene � when he realized he had overdone it. "He admits he caused the death of Kevin Elkins," Vandergaw said. "But he�s not going to admit he intentionally killed Mr. Elkins, because he didn�t." Heckert countered that even though Terry adamantly testified he did not stomp the victim, only kicked him, it simply showed he was paying attention in court and understood the legal ramifications. "He knows as soon as he admits he stomped on the victim�s head, that�s murder," she argued. Although Terry testified that his actions were retribution because he believed that his girlfriend was raped by Elkins, Vandergaw told the jury she probably made up the allegation in case Terry found out she had cheated on him. Prosecutors said they, too, believe the allegation was false. They said Elkins and Terry�s girlfriend, Kerry Graham, apparently had an affair while Terry was serving time in jail for domestic-related probation violations. Terry pleaded guilty before trial to assault charges for beating up his girlfriend when she told him she was raped. He also pleaded guilty to auto theft for driving from the orchard in Elkins� car. In a strange twist, the Camaro was stolen again from the ditch where Terry abandoned it while fleeing the scene. Authorities said the second theft was random. Mail Tribune Home | Ottaway Newspapers, Inc. | Dow Jones & Co., Inc. | Privacy | Contact Us Copyright � 2000 Mail Tribune, Inc.