First day of drive-by shooting murder trial under way in Bolivia

BOLIVIA—Bones. Jimmy. Dread.

James Murdock went by many names during his 28-year life.

On Wednesday morning, the first-degree murder trial began in the state’s case against Matthew Lee Baber—charged with killing Murdock in a May 2008 drive-by shooting.

After brief opening arguments Wednesday morning in Brunswick County Superior Court, assistant district attorney Lee Bollinger began the state’s case with the testimony of Tina Watts.

Watts, 33, of Calabash, was with Murdock that May evening he was killed sitting in her minivan in front of his Pineclair Drive home in Calabash.

Watts testified she was speaking to Murdock, who was seated in the front passenger seat of the minivan, when the shooting began. Describing what sounded like multiple “firecrackers tied together,” exploding around her, Watts felt the dirt beneath her feet kick up by the spray of gunfire from what prosecutors say was an AK-47 assault rifle.

Assistant district attorney Caitlin Richards told jurors during her opening arguments it was Baber who fired those Ak-47 shots on the evening of May 8, 2008—piercing the darkness, piercing the night’s silence and killing Murdock.

But James Payne, Baber’s attorney, said while it was a tragedy Murdock was killed, Baber had “diminished capacity” that night, rendering him unable to possess the intent required in a first-degree murder conviction.

Payne said Baber was responsible for “some of the things,” that led to Murdock’s death, but said his “inhibited state of mind” didn’t allow him to have intent.

In addition to first-degree murder, Baber is also on trial for shooting into an occupied vehicle. If convicted of first-degree murder, Baber faces life in prison without the possibility of parole.

Jurors also heard testimony from North Carolina State Bureau of Investigation special agent Matt Clifton.

Testimony will continue Thursday morning.

For more on this story, pick up next week’s issue of the Beacon.