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Murder trial in beating case begins By Chris Bristol A prosecutor told jurors that Michael Terry beat another man to death in jealous rage, kicking and stomping Kevin Elkins so badly in a Phoenix orchard that Elkins was fatally injured in four different places. But the beating was not a spur-of-the-moment thing, Jackson County Deputy District Attorney Allan Smith told the jury in opening statements Tuesday in Terry�s murder trial. "This was more than a jealous rage," Smith said. "It was a murderous rage. ... At some point, Michael Terry decided to kill Kevin Elkins, decided to murder him." Not true, countered Terry�s defense attorney, Andrew Vandergaw. "He intended to beat the crap out of him," Vandergaw said. "He didn�t intend to kill him." Terry, 30, is on trial this week for killing Elkins, 39, whose body was found Nov. 3, 1999, in an orchard off Coleman Creek Road. A jury of 10 men and two women will decide Terry�s fate � 25 years for murder or 10 years for manslaughter. Prosecutors allege Terry began planning the attack after he got out of jail on a domestic-related beef and found out his girlfriend had sex with Elkins while Terry was in custody. Three days later, on Halloween night, Elkins came over for a visit and Terry asked him for a ride to the store to buy beer. They ended up at the orchard, possibly to do methamphetamine. According to Smith, Terry then attacked Elkins without warning. Smith said Terry beat and kicked Elkins without mercy, stomping on his head and neck as he lay on the ground. A medical examiner is expected to testify that Elkins suffered four different potentially fatal injuries, including a crushed throat and a broken rib that punctured his spleen. Smith insisted that witness testimony, coupled with evidence of the brutal beating, would prove Terry had all but threatened to kill Elkins and that he expected to get away with it. But Vandergaw, Terry�s court-appointed attorney, doubted there would be sufficient testimony to prove his client intended to kill Elkins. He pointed out that Terry did not use a weapon, beyond his hands and feet. "He didn�t strangle Mr. Elkins after he was unconscious or bash him with a rock or run him over with the car," Vandergaw said. "He didn�t even know for sure he had killed him." The veteran attorney also noted that Terry�s girlfriend, Terry Graham, claimed Elkins raped her. Last week, Terry pleaded guilty to domestic assault charges for assaulting Graham prior to the attack on Elkins. Apparently, Terry had doubts about her story and beat her up, giving her two black eyes. Terry also admitted that after the attack, he stole Elkins� Camaro, which was stolen again by random chance after he crashed it into a ditch as he fled the scene. Trial judge Patricia Crain set aside sentencing on those charges until after the trial, which is expected to conclude by Friday. Mail Tribune Home | Ottaway Newspapers, Inc. | Dow Jones & Co., Inc. | Privacy | Contact Us Copyright � 2000 Mail Tribune, Inc.