Jury in Tioga County murder case to continue deliberations

Jury in Tioga County murder case continues deliberations

Tioga County Judge Gerald Keene responds to a request by the jury on Thursday, and on the second day of deliberations in the Second Degree Murder and Evidence Tampering Trial, in which 63-year-old Douglas Every is charged with the stabbing death of 39-year old Milton Jump at his Thorn Hollow Road residence in the Town of Tioga, Tioga County, N.Y. on Oct. 23, 2013. (Photos by Wendy Post)

On day two of deliberations in the Second Degree Murder and Evidence Tampering Trial, in which 63-year-old Douglas Every is charged with the stabbing death of 39-year old Milton Jump at his Thorn Hollow Road residence in the Town of Tioga, Tioga County, N.Y. on Oct. 23, 2013, the 12-member jury, consisting of seven women and five men, as well as the four alternate jurors, consisting of three women and one male alternate, spent much of the day in deliberations.

The jury is tasked with deciding if Douglas Every is guilty of Second Degree Murder; and if not, Manslaughter 1 may be considered. If they can’t find Douglas Every guilty of Manslaughter 1 beyond a reasonable doubt, then Manslaughter 2 may be considered.

The jury must also decide if Douglas Every is guilty of Evidence Tampering in this case. All the named charges are Felonies.

The trial began last Wednesday with jury selection, and then opening arguments on Friday. Following prosecution and witness testimony on Monday, Tuesday and a portion of Wednesday, the defense closed and arguments were presented to the jury.

The defense is claiming that the actions of Douglas Every on Oct. 23, 2013 were in self-defense.

The prosecution is arguing that a man died that evening, and that Douglas Every brought the weapon in this case, a large knife, into an argument that was taking place at the Thorn Hollow Road residence.

Jury in Tioga County murder case continues deliberations

Douglas Every, who is on trial for the alleged stabbing death of 39-year old Milton Jump at his Thorn Hollow Road residence in the Town of Tioga, Tioga County, N.Y. on Oct. 23, 2013, cleans his glasses on Thursday in the Tioga County, N.Y. court as he awaits a decision from the 12-member jury.

Now, and into the second day of deliberations, several questions have been delivered to the judge in the case by the jury, to include another reading and description by the court of all four charges; a written request by the jury for a replay of the 911 call made by Douglas Every the evening of Oct. 23, 2013; and an additional viewing of the interrogation video that was recorded during the intake of Douglas Every by Tioga County Sheriff Investigators on the evening of Oct. 23, 2013.

Following a break for lunch, and following the delivery of such requests as granted to and by the court, the jury moved back into deliberations and once again sent out a written request for the court’s definition of Second Degree Murder at 2:45 p.m. on Thursday.

This statement was read to the jury by Tioga County Judge Gerald Keene with an emphasis on intent, claiming that by the court’s law, one does not have to exhibit premeditation for the proof of intent.

Following this statement, the jury resumed deliberations, but then concluded for the day at approximately 5 p.m. Deliberations will continue Friday at 9:15 a.m. at the Tioga County Courthouse in Owego, N.Y.

The charge of Second Degree Murder, which shows intent to cause death, carries a maximum sentence of 25 years to life. Manslaughter in the First Degree, which demonstrates the intent to cause serious injury, and by doing that, causes death carries a penalty of up to 25 years in prison.

If the jury does not find Douglas Every guilty of Manslaughter in the First Degree, they can also consider Manslaughter in the Second Degree, which is defined by the court as recklessly causing a death to another person, and carries a 3 to 15 year sentence in New York State.

The jury must also determine if Douglas Every tampered with the evidence.