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Killer testifies that victim had raped his girlfriend By Chris Bristol Murder defendant Michael Terry took the stand Thursday and testified that he believed his girlfriend had been raped by the man he is accused of killing in a Phoenix orchard. Terry also denied expert medical testimony that he brutally stomped on Kevin Elkins� head and neck after the 39-year-old man was knocked down and out. "Did you ever stomp him when he was lying face up, in the throat area?" defense attorney Andrew Vandergaw asked. "No," Terry replied, insisting that he kicked the victim several times in an upward motion, not downward in a stomping motion as the prosecution alleges. Terry, 30, is on trial this week in a Jackson County courtroom on a charge of murder. Prosecutors allege he intentionally killed Elkins last year in a jealous rage, but it�s up to a jury to decide if he is guilty of murder or manslaughter. Under Oregon law, a murder conviction requires proof of intent and is punishable by 25 years in prison. Manslaughter, or reckless indifference to the value of a human life, carries a penalty of 10 years. Terry was on the stand Thursday when court recessed for the evening. The case is expected to go to the jury today. Terry�s version of events is crucial to his defense because the prosecution has little evidence of his intent and is mainly relying on a coroner�s testimony that Elkins� injuries were so severe that Terry must have meant to kill him. Dr. James Olson, a state deputy medical examiner, testified Thursday that Elkins suffered four potentially fatal injuries to his head, neck and ribcage, including damage to his throat that suggested he was stomped while lying face up on the ground. Olson also testified that an autopsy showed Elkins had only one minor injury � a cut or abrasion on one knuckle � that indicated he tried to defend himself. "I think the deceased was rapidly incapacitated," Olson testified. The attack occurred only days after Terry was released from jail on domestic-related probation violations. His girlfriend, Kerry Graham, has testified she was raped by Elkins while Terry was in jail. Terry testified that he wanted to "confront" Elkins and that he got his chance on Halloween, when Elkins dropped by for a visit at the Talent apartment Terry shared (despite a court order) with his girlfriend. Terry lured Elkins out of the house by asking him to help him buy drugs, he said. Elkins gave Terry a ride in his car. They ended up in an orchard off Coleman Creek Road near Phoenix. Terry told the jury he attacked Elkins without warning, punching him in the face and accusing him of rape. A flurry of punches and kicks to the face and ribcage followed. "He kept saying he was sorry," Terry recounted. "I told him I was gonna make him sorry. ..." Terry testified that throughout the attack he cursed at the victim and demanded he get up. "I could see he was hurt very badly," Terry said, sniffling a little. "He had a lot of blood on his face. But he was breathing." In the aftermath, Terry said he panicked and fled in Elkins� car, abandoning it after he crashed into a ditch barely a mile down the road. A nearby resident gave him a ride home, where he took a shower and went trick-or-treating with his girlfriend and her children in Ashland. On their way home, he dumped his clothes and sneakers in a gas station garbage can. Reach reporter Chris Bristol at 776-4487, or e-mail [email protected] Mail Tribune Home | Ottaway Newspapers, Inc. | Dow Jones & Co., Inc. | Privacy | Contact Us Copyright � 2000 Mail Tribune, Inc.