Testimony begins in Bell murder case

Prosecutors and defense lawyers agreed on two points as arguments began Tuesday in the murder case against Kenneth Bell: He shot and killed two of his neighbors, and he was sweating profusely by the time police caught up to him a few minutes later on that cool February evening.

The question jurors must weigh and ultimately answer this week is why.

Testimony began Tuesday in the case against Bell, who faces charges of first-degree murder and armed criminal action in connection with the Feb. 7, 2013, shooting deaths of Misty Cole and Shannon James at their apartment at 401 S. Pacific St.

Cape Girardeau County assistant prosecuting attorney Angel Woodruff called the shootings "senseless," describing a scenario in which Bell inexplicably went to his apartment in the same building, got a gun and shot the pair to death in their own home after a minor verbal altercation with James on a sidewalk outside.

"After hearing all of the evidence, you will fully understand and appreciate what a cruel and senseless crime this was, and you will find Kenneth Bell guilty," Woodruff told the jury, noting despite the cool temperatures that evening, Bell was sweating profusely when police arrested him a short time later, after a foot chase that lasted less than 30 seconds.

But public defender Cynthia Dryden told jurors her client was sweating heavily because he feared for his life.

"Mr. Bell was so scared that night, he sweated through his clothes," Dryden said. "... That is a physical reaction. Why? Why was he so scared?"

Bell had gone outside with his half-brother to smoke a cigarette when he overheard James telling a friend what he planned to do to someone who had been involved in a drug deal that had gone bad earlier in the day, Dryden said.

"He thinks they're talking to him. And he says, 'Are you talking to me?'" she said.

James told Bell to wait right there because he had something for him, which Bell took to mean James was going to get a gun, Dryden said.

"It's not a Girl Scout cookie signup sheet he's going for," she said.

On the stand Tuesday, Woodruff's first witness, Argentry Marshall, said someone had stolen marijuana from James earlier in the day, but he wasn't angry or spoiling for a fight, as Dryden had suggested.

"He wasn't happy, but he wasn't really upset, either. He wasn't mad or nothing," said Marshall, who testified he had spent most of the afternoon and evening with James, drinking beer and walking around the neighborhood.

Bell and his half-brother were blocking a sidewalk near the building, so Marshall walked around them, while James walked between them, bumping into them, Marshall testified.

He said he couldn't remember whether Bell and James exchanged words, but he didn't hear either of them issue any threats, and after some posturing between the two men, he and James resumed their conversation.

The next time Marshall saw Bell, he was standing in a common area in the front of the building, holding a gun, Marshall testified.

"I don't know him, so I don't know what his intentions are, so I choose not to go in there," he said.

Marshall said James went into his apartment, and Marshall had started to leave when he heard three or four gunshots, a slight pause and then a couple more shots.

Under questioning by Woodruff, Marshall acknowledged he had prior criminal offenses, mostly from the 1980s.

On cross-examination, Dryden called Marshall's credibility into question, asking him about each of his prior offenses, which include three drug distribution charges in 1986, several assaults in the 1990s, a 2007 drug possession case and a 2014 child-support case for which he is still on probation.

She also questioned Marshall about inconsistencies between his testimony Tuesday and statements he made to police the night of the shootings and asked him whether he had been smoking crack cocaine the day of the shootings.

Marshall admitted he had.

Jurors also heard testimony Tuesday from several Cape Girardeau police officers, including Sgt. Joseph Hann and Cpl. Richard Couch, who described the brief foot chase that preceded Bell's arrest.

Bell was quiet and appeared to be listening intently, his expression calm, throughout the proceedings Tuesday.

Testimony is set to resume at 9 a.m. Wednesday.

epriddy@semissourian.com

388-3642

Pertinent address:

401 S. Pacific St., Cape Girardeau, Mo.