Pictured is the knife stored as evidence as the weapon used in the alleged stabbing of Milton Jump on Oct. 23, 2013 by Douglas Every at his home located on Thorn Hollow Road in the Town of Tioga. The Trial for Douglas Every, who was indicted on Second Degree Murder charges and Tampering with evidence continues at the Tioga County Courthouse in Owego, N.Y. The knife was entered into evidence and observed during testimony earlier this week by Tioga County Sheriff and Evidence Technician, Sergeant Adam Bessey. Photo Courtesy of Time Warner Cable News.
As the Second Degree Murder and Evidence Tampering trial continued in Tioga County, N.Y. on Tuesday, and on one of its final days of witness testimony, it was an emotion filled day with testimony by James Atwell, a prosecution witness that Milton Jump cared for; and Milton Jump’s mother, Gladys Jump of Barton, N.Y. Both took the stand Tuesday morning, followed by a half dozen witnesses on behalf of the defense Tuesday afternoon.
The trial began last Wednesday with jury selection, and then opening arguments on Friday. On Tuesday afternoon, the defense witnesses took the stand to offer forensic expertise, medical opinions, and testimony regarding the reputation of 39-year old Milton Jump, who was allegedly stabbed by 63-year old Douglas Every. Douglas Every is alleging that his actions on Oct. 23, 2013 were in self-defense.
What has been revealed, to date, about the incidents that occurred the evening of Oct. 23, 2013 at the home of Douglas Every is that there was drinking involved in the home, and that an altercation took place between Milton Jump and Douglas Every, resulting in a fatal four and a half inch knife wound that entered Milton Jump’s sternum and damaged his heart – resulting in death.
It was also learned that Douglas Every, who allegedly made the initial 911 call to report the incident, also called Milton Jump’s mother to let her know, as she testified on Tuesday, that her son was dead.
In Gladys Jump’s testimony on Tuesday, which was called upon by the prosecution, she was distraught, upset, and had a difficult time looking at photos previously entered as evidence regarding the crime scene, and what occurred after she received the call by Douglas Every the evening of Oct. 23, 2013.
When asked by Tioga County’s District Attorney, Kirk Martin, what Douglas Every’s demeanor sounded like during that phone call, Gladys Jump tearfully stated, “He acted like he had just taken the garbage out. There was no emotion.”
Gladys Jump immediately drove to the Thorn Hollow Road residence, but was not allowed in the scene.
Testifying on behalf of the prosecution, which was inaccurately stated in Monday’s report as being a witness called by the defense, was James Atwell, a man who suffered a couple of strokes that left him wheelchair bound. According to the testimony offered by James Atwell, Milton Jump was his primary caretaker, and did, basically, everything for him to include meal preparation.
Because of the strokes, James Atwell’s speaking skills were challenging, but he offered firm answers when questioned by both the prosecution and the defense.
Atwell testified that Milton Jump was a man who never showed a temper of any type. He also noted that Milton Jump was his caretaker for approximately ten years.
Milton Jump and Atwell were originally living on Glenmary Drive in Owego until the flood of 2011 hit, and then were eventually moved to a FEMA trailer in Spencer, N.Y.
But when the FEMA trailer arrangement ended, Milton Jump and Atwell, as stated in testimony on Tuesday, worked out an arrangement with Douglas Every whereas they could reside in the Thorn Hollow Road home for cash equivalent to rent.
As for what happened the evening of Oct. 23, 2013, Atwell testified to the best of his recollection and ability.
Atwell stated that Milton Jump was in the garage most of the day, making repairs for Douglas Every, and that Douglas Every was out of the home, most likely conducting errands and business.
Milton Jump, according to Atwell testimony, came back in the home at approximately 7 p.m. to begin making dinner for him. He was chopping potatoes or vegetables with a knife that was earlier claimed to be the alleged murder weapon.
Atwell also testified that Douglas Every, when he arrived home later, was drinking.
An altercation, which is unclear of the motive, ensued at approximately 7 p.m., according to Atwell in which Douglas Every hit Milton Jump and threw him around; and that the altercation moved from the living room and into the kitchen, at which time Douglas Every grabbed the kitchen knife from the kitchen counter and stabbed Milton Jump.
When asked by 1st Assistant District Attorney Gartenman if Milton Jump lunged into the kitchen knife, Atwell almost pounded his fists, and said, “No!”
He stated that Douglas Every was kneeling over Milton Jump, telling him to get up afterwards from the kitchen floor. Atwell also testified that he saw Douglas Every put the knife in the sink.
When the defense challenged the testimony of Atwell, Attorney Awad pointed out a signed investigative report given to investigator Wayne Moulton on Nov. 7, 2013, and noted contradictions in the testimony on the stand, and on the witness statement he signed for Moulton, particularly about any consumption of alcohol by Milton Jump that day.
Because of speaking difficulties, the statement, according to Atwell may not have been aligned with Tuesday’s testimony, but it was signed.
Later in the day, Attorney George Awad presented several witnesses to include Dr. Scott LaPoint, a forensics expert and pathologist from the Rochester area who stated he has testified over the years at over 200 trials, and has performed more than 6,000 autopsies to determine the cause of death.
LaPoint received the autopsy report for further review, and told the defense that in addition to the fatal injuries to Milton Jump’s heart, he had bruises on his arm, knuckles and fingers. LaPoint noted these abrasions were relatively fresh, although he did not witness the body of Milton Jump himself during the autopsy proceeding.
As for toxicology, LaPoint noted that Milton Jump’s blood alcohol level was .24, which is a very high level of intoxication. He also noted that traces of TEC from marijuana or a derivative was detected.
LaPoint also noted that because of the four and a half inch-wound, Milton Jump might have been able to walk around for a bit before collapsing.
The prosecution cross-examined LaPoint, by asking him how much he is paid by the hour. LaPoint told him that the fee was $3,500 per hour.
District Attorney Kirk Martin then told LaPoint, “The end result was that this man died from a stab wound to the chest.”
Martin then touched on the defendant’s claim of self-defense; and although LaPoint said a stabbing that went into Milton Jump could have resulted from a lunge towards the knife, he could not conclude that at he was not at the crime scene.
LaPoint did note, however, that the sternum is typically 10-inches deep. The prosecution quickly argued this point by mentioning the size of the murder weapon, and that it went half way through Milton Jump.
The defense called other witnesses to the stand such as Dr. Keith Nichols, a local licensed doctor who practices family medicine to testify on any wounds that Douglas Every possessed. According to his records, outside of drug prescriptions for anxiety, Dr. Nichols stated that any other wounds would be referred for x-rays or MRIs.
An MRI, he noted, showed some arthritis, but nothing he could connect to the crime.
Also testifying about Milton Jump’s reputation were witnesses such as Chris Kuhlman, who said that Milton Jump would become verbally aggressive when drinking. Several other witnesses called by the defense testified similar behaviors when called to the stand.
Wednesday, at 9:30 a.m. at the Tioga County Courthouse in Owego, N.Y., one more defense witness will be called to the stand, and it is possible jury deliberations could begin later in the day and following closing arguments.
If Douglas Every is found guilty of Murder in the second degree, he could face a maximum sentence of 25 years to life. If the jury lessens the crime to Manslaughter 1, the defendant could face a sentence no longer than 25 years.
Manslaughter, as described by the law, demonstrates the intent to cause serious injury, and by doing that, causes death.
