Attorneys spar over DNA in murder trial
By Joe Gorman
Prosecutors say there is DNA evidence on the gun that killed Christopher Anderson in November 2015 that proves Desmond Kimbrough killed him.
But Sam Amendolara, Kimbrough’s lawyer, says there is not enough DNA to prove his client fired the .380-caliber handgun that killed Anderson in the middle of Montclair Drive on Nov. 7, 2015.
It is now up to a Mahoning County Common Pleas Court jury to decide if the 37-year-old Kimbrough is guilty of murder and voluntary manslaughter in the death of Anderson.
Kimbrough was wounded in the leg in the same shooting but is claiming self-defense.
Jurors heard closing arguments in the morning before being instructed on the law, then started deliberating after lunch before leaving for the day after 5 p.m. They are expected to continue deliberating today.
Assistant Prosecutor Kevin Trapp told jurors that there were at least two video cameras in the area of the shooting but they either failed to record the shooting or were erased.
He said the video could have proved Kimbrough’s claim that Anderson shot first. Trapp was adamant that Kimbrough shot first.
Trapp also said Kimbrough’s DNA was found on two guns at the crime scene, a .45-caliber handgun and a .380-caliber handgun that fired the fatal shot.
Trapp said the shot that killed Anderson was from close range, and he estimated the gun that fired that shot was six to 12 inches from Anderson’s head.
Trapp did not offer a motive and said he was not sure what it was, but he did say Anderson’s wife told investigators that her husband had told her he did not get along with Kimbrough.
Amendolara told jurors to remember that the crime scene may have been compromised because Kimbrough’s brother drove him to the hospital after he was shot, and he drove through the crime scene.
Amendolara also said that while Kimbrough’s DNA was found on the handle and trigger of the .45-caliber handgun, the only place on the .380-caliber it was found was on the handle.
“The DNA evidence on that gun does not tell you Desmond shot that gun,” Amendolara said.