Murder victim's wife testifies in teen's capital murder trial - WLOX.com - The News for South Mississippi

Murder victim's wife testifies in teen's capital murder trial

By Patrice Clark – bio | email

PASCAGOULA, MS (WLOX) – A tearful widow had to relive the night her husband was shot to death on the witness stand Tuesday, as testimony began in the capital murder trial of Moss Point teenager Terry Hye, Junior. 

Hye is the second of four teens to stand trial for the 2008 death of Michael David Porter.  The Hattiesburg man was shot after stopping to ask directions to his grandson's football game.

Dressed in a navy suit and tie, Hye walked into a packed courtroom to face his capital murder charge. He was only 14 when he and three friends were charged in the robbery and shooting death of 44-year-old Michael David Porter. 

District attorney Tony Lawrence began the trial by telling the jury Hye participated in the crime, lied about it to police, and he should be punished.

"At first, he denied being anywhere around or knowing anything about it. After a while, he broke down and said I would tell what I know," Lawrence said during opening statements.

Defense Attorney Wendy Walker Martin said Hye was just in the wrong place at the wrong time. 

"Terry is the one that said, I am not having anything to do with that. Just because you watch something happen and don't stop it, it does not make you guilty." Martin said.  

The victim's widow, Linda Porter, was the first witness to testify. Through tears, she told the jury her husband of five years had just stopped at a gas station for directions when three black teens walked toward their black Mercedes.  

"I am thinking, this does not feel very safe, but then all of sudden they kind of split off," Porter testifies on the witness stand.

Seconds later, she said she  heard the sounds of a struggle. 

"At that point, I look around and Mike is at the door trying to get the door open.  Two boys are all on top of him, and one got him around the neck and the others got him on his arms," Mrs. Porter said.

She told the jury her husband finally escaped back into the car. Then, a shot rang out. 

"He hit Mike in here and glass goes everywhere, all in my face, in my shoulder."

Mrs. Porter said her husband's last words were, "They got me babe. I am shot."  

The other teens charged in Porter's murder could testify later this week. Darwin Wells, the triggerman, was convicted of murder by deliberate design last year.  Alozno Kelly pleaded guilty to accessory after the fact to murder. Telvin Benjamin is scheduled to go to trial in May.

Testimony in Terry Hye's trial continues Wednesday morning. 

Copyright 2010 WLOX. All rights reserved

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