KINGSTON, Tenn. (WVLT) – Wednesday marked the first day of testimony at the trial of one of the two Roane County brothers charged with murdering a deputy and a former officer.
Both sides agree on one thing, on May 11, 2006, two armed men were defending themselves against attack by two other men with guns at the Houstons’ home.
This entire trial really comes down to one question: Which pair of men fired in self defense?
Some of the details in the following story are graphic.
Opening statements at Leon Houston's double murder trial offer very different theories about how the deadly shootout started.
Special Prosecutor Gus Radford says, "Once they got in sight close enough to that house, they were ambushed. They were ambushed by Clifford Leon Houston and Rocky Joe Houston."
The defense directs blame at one of the victims, Deputy Bill Jones. Houston's lawyer, Jim Logan, says witnesses will testify about remarks late Deputy Bill Jones made about Rocky Houston before the shooting.
Leon Houston’s lawyer Jim Logan says, "Mr. Jones says to him, if you see him, tell him I've got something for him and he pats his pistol. Who was ambushing who?
The prosecution says Deputy Jones was trying to serve a warrant on Rocky Houston. Mike Brown, a disabled former deputy, often road with him. The warrant they were attempting to serve had been issued over seven months earlier. The defense raises questions about why Rocky, who was not difficult to find, had never been served before. Former Roane County Sheriff David Haggard admitted in afternoon testimony that he did treat Rocky Houston differently, but not because he was out to get him.
Former Roane County Sheriff David Haggard says, "Knowing his character and potential he had to retaliate, I did not want to risk the safety of his family and others. I told my officers if they could catch him out away somewhere to make the arrest."
The end result of the deputies trip to the Houston home was worse than anyone could have imagined. Brown was shot eight times, and deputy Jones body was ripped apart by 18 bullets. The prosecutor says the final two shots were fired into Jones head as he lay paralyzed on the ground with an empty gun.
Radford says, "It takes his jawbone off, it winds up some 80 to 100 feet away in the road."
Even though Leon's brother, Rocky Houston, will be tried separately for the same crimes in November, there will still be testimony about his actions at this trial.
Prosecutors are using two different theories against Leon Houston.
He is indicted for first degree murder for his alleged actions, but the jury could also find him guilty of felony murder based on Rocky's alleged crimes.