Closing Arguments Made In Tyrese Harris Manchester Murder Trial

MANCHESTER, NH — Three witnesses testified on the final day of testimony in the murder trial of Tyrese Harris.

The state called Dr. Jennie Duval, the New Hampshire Chief Medical Examiner, and she explained to jurors that Dezmel Cardakovic was shot in the face, specifically at the tip of his nose. There was an exit wound in the rear of his neck, there was “stippling” from the gunfire around his mouth and cheek.

Cardakovic’s death was ruled a homicide, and he died from a gunshot wound that caused him to bleed to death. Duval told jurors the firearm used was likely 2 inches to 2 feet from the victim’s face when it was fired.

Several times during Duval’s testimony, Harris looked down when the autopsy photos of Cardakovic were shown.

After Duval’s testimony, the state rested its case and a recess was taken until 12:30 p.m. when the defense had an opportunity to have their witnesses testify.

The defense called Dr. Sarah Sherman, an expert witness in biomechanics. She testified about gathering evidence collected at the scene including 3-D images, and evidence from the autopsy.

Using several types of technology she created 3-D images of the scene and different scenarios of where the victim was located at the time of the shooting.

Several witnesses testified during the trial that Cardakovic was outside the car and was shot by Harris through an opening on the driver’s side of the car which the witness confirmed.

The defense continued to make a case that Cardakovic was close and Harris was in danger and feared for his life. Dr. Sherman testified that Cardakovic could have been as close as two inches when he was shot.

The final witness of the trial was an eyewitness who took to the stand for the defense. He recapped the events that took place and said Cardakovic “walked up to the car like he had a purpose”.

After the final witnesses completed their testimony the jurors left the room while the defense presented a case for dismissal.

Attorneys for Harris went through each charge that Harris faces and explained to Judge Diane Nicolosi that there was not enough evidence to prove the case.

Judge Nicolosi quickly said there was enough evidence presented for the jury to possibly find Harris guilty.

After a short recess, the jurors returned to the courtroom, and closing arguments began for the defense.

Attorney Aileen O’Connell a public defender, said, “Tyrese had to make a split-second decision,” during her half-hour closing argument after five days of testimony.

“A split-second decision about protecting not only himself but his girlfriend and unborn child in the seat next to him.”

O’Connell said Harris was intimidated by Cardakovic blasting his horn twice for an extended period each time and witnesses said Cardakovic “looked aggressive.” She showed a video of Cardakovic approaching the SUV.

“Tyrese Harris was justified in shooting the driver of a tractor-trailer truck in self-defense after the man approached his SUV and spat in his face on South Willow Street.”

“Who gets out of a truck to confront another driver, leaving children behind in the middle of traffic on a busy street with dozens of people watching?” she asked. “What else was he capable of? He wasn’t going up to the CRV just to talk. His behavior was extreme, unhinged, and dangerous.”

Harris never took the stand to testify during the trial and continued to take notes throughout the trial.

A portion of Harris’s defense team's closing arguments:

Adam Woods from the Attorney General’s Office said during a 45-minute closing argument that Harris pulled the trigger because he felt disrespected.

Woods played a jail-house recording of Harris talking to his mother in a recorded conversation.

Jurors had previously heard the recording that states Harris felt disrespected and that is why he shot Cardakovic.

A portion of the Prosecution’s Closing arguments including the jailhouse recorded call:

“Without hesitation, he reached down for his gun, raised it, and aimed it at the face and then he executed Dzemal over spit and his own hurt pride.”

Harris fled the scene, changed clothes, and abandoned the CRV. He removed the gun from the car, Woods said.

Harris never called police to alert them of the assault and that he had discharged his gun at a person, Woods said.

“Is that the behavior of someone sure they were justified in their actions, someone who actually believed he was justified? No,” he said. “That’s the behavior of someone conscious of his guilt and someone not in fear for their life but of fear of getting caught.”

“This was not self-defense, not according to the evidence,” Woods said. “His actions after the scene and his own words show his consciousness of guilt.”

The 15-person jury, seven men and eight women is set to begin deliberations Tuesday at 9:00 a.m.

©Jeffrey Hastings www.frameofmindphoto.com/news