Murder trial of Cape man begins; case may hinge on witness accounts

The murder trial of Malcolm U. Harris could hinge on the testimony of two prosecution witnesses whose credibility is being called into question by the defense.

The trial, scheduled for three days, began Tuesday in Cape Girardeau County Circuit Court in Jackson before Judge Benjamin Lewis.

Harris, 26, of Cape Girardeau is charged with first-degree murder, armed criminal action, unlawful possession of a firearm by a felon and tampering with physical evidence.

He is accused of fatally shooting Domorlo McCaster, 28, of Cape Girardeau in the back of the head,

His body was found May 19 in a wooded area near Ranney Park in Cape Girardeau.

In his opening statement, Prosecuting Attorney Chris Limbaugh said “this case is about an execution style killing.”

Limbaugh said, “There was no struggle, no argument.”

Testimony will show Harris pulled a gun and shot McCaster while both were seated in a car with two other men — Terrell Hunt and Rodney Smith — early May 14, 2016, after hours of driving around town in a GMC Envoy and consuming alcohol and using illegal drugs, Limbaugh said.

Hunt and Smith will testify Harris was seated in the back seat behind McCaster, who was in the front passenger seat, Limbaugh said.

The eyewitnesses will state Harris pulled out a gun and shot McCaster, then tried to cover up the crime, Limbaugh told the jury.

But defense attorney Stephen Wilson told the jury Smith, who admitted to taking pills and alcohol and using cocaine, has told “different versions” about what happened.

Smith initially told police he “didn’t know anything about it,” Wilson said.

Hunt also said he knew nothing about the crime, Wilson told the jury.

“Terrell (Hunt) told lie after lie after lie,” Wilson said.

Wilson told the jury the case boils down to the testimony of Hunt and Smith.

Prosecutors called six witnesses Tuesday, including forensic pathologist Dr. Russell Deidiker, who conducted an autopsy on the body May 20 in Farmington, Missouri.

Deidiker, who stated he has conducted more than 3,000 autopsies, said his examination indicated McCaster had been killed several days before the body was found.

Under questioning from assistant prosecuting attorney Angel Woodruff, Deidiker said the autopsy showed McCaster was shot in the back of the head, fracturing the base of the skull behind the right ear.

The bullet exited behind the right ear, Deidiker said.

A toxicology report showed McCaster had alcohol, cocaine and marijuana in his blood, he testified.

Under cross examination from Wilson, Deidiker said no bullet was found with the body, and he doesn’t know what weapon was used.

He said he also doesn’t know the exact distance from which McCaster was shot, but it could have been a foot away.

Charles Niswonger testified he spotted a handgun on the ground while mowing property near Ranney Park shortly before 4 p.m. May 19. Niswonger, a former Cape Girardeau police officer, said it appeared to be a small-caliber gun.

He said he called police, and an officer came to the scene and took possession of the gun.

Niswonger said he went back to cutting the grass on his riding mower. Niswonger said he had just finished mowing when “something caught my eye.”

He said he spotted a body about 15 to 20 feet into the woods. Once again, he called police to the scene.

Patrolman Joshua Gregory said the body was found about 20 feet from where the firearm had been discovered.

Evidence technician Brett Hellmann said the body, later identified as McCaster, was found face down with his pants pulled down to his ankles. His clothing was “very wet,” Hellmann said. “He was cold to the touch.”

mbliss@semissourian.com

(573) 388-3641

Pertinent address:

Ranney Park, Cape Girardeau, Mo.