In less than three hours the jury emerged and announced a verdict of not guilty in the Newton County Murder trial of Toby Peck who was accused of killing Randy Holmes in November of 2017. However, in a shocking move, the jury did find him guilty of Tampering with a Corpse and after deliberating on that charge, decided to send him to prison for 20 years.
Prosecutors argued that law enforcement officers never found strong evidence against any other suspect besides John Michael "Toby" Peck, while his defense team accused the state of centering on Peck to the exclusion of others.
A composed Peck listened intently to closing arguments Friday morning. The jury began deliberating at about 1 p.m. The fifteen or so spectators swelled to a full courtroom.
Special prosecutor Joshua Summers told the jury that Peck is proven guilty because of the testimony of three witnesses: ex-wife Shawna Peck, her son Gabriel Olson and Rhonda Miller's son, Jared Chaudion. He asked the jury to disregard "a lot of static" (by the defense) about alternate suspects in the death of Randy Holmes.
Summers asked jurors to believe the testimony of Shawna Peck when she testified that, looking out their garage door, she saw Toby Peck shoot Holmes three times as he knelt on the ground. She went inside. Her son, Gabriel Olson, testified Peck told him to throw the victim's keys in a pond on the property. That is where Summers said DPS divers found the keys years later.
Summers said Peck embroiled the young boys in a coverup and later threatened the three witnesses.
Summers advised the jury not to believe "rumors and innuendo" or a false confession by Chaudion that he killed Holmes.
"Jaret is troubled. Randy was a father figure to him. Toby was also a father figure to him." Summers said the state offered Chaudion immunity from prosecution and he still testified he did not kill Holmes as some witnesses testified he told them.
Jasper attorney Matthew Morian began the defense's closing by telling the jury local officers and the Attorney General's office withheld information in the case, especially a timeline in which the 2017 disappearance and murder occurred. The date is important because telephone and work records show when Peck was at work as a tug boat captain.
Morian told the jury the victim's mother, Betty Holmes, saw her son's keys at his home after he disappeared. He said those keys were at his house when Olson said he threw them in the pond.
Shawna and Toby Peck separated four years after the incident, and defense attorneys contend she made up the story about Peck killing Holmes as revenge. He pointed out that Chaudion has a teardrop tattoo under his eye, an indication of having murdered someone.
Defense attorney Bill Morian pointed out to the jury that virtually all the witnesses disavowed any knowledge of the crime until they were threatened with prosecution themselves.
Prosecutor Andrew Roundtree showed the jury a photograph he took of a veteran's monument outside the courthouse. He said soldiers gave their lives so that all people can have fair trials. Holmes was on bond at the time of his disappearance, accused with severely beating Rhonda Miller.
"He (Toby Peck) took that right away from Randy Holmes. He was the judge, jury and executioner."
Prosecutors argued that law enforcement officers never found strong evidence against any other suspect besides John Michael "Toby" Peck, while his defense team accused the state of centering on Peck to the exclusion of others.
A composed Peck listened intently to closing arguments Friday morning. The jury began deliberating at about 1 p.m. The fifteen or so spectators swelled to a full courtroom.
Special prosecutor Joshua Summers told the jury that Peck is proven guilty because of the testimony of three witnesses: ex-wife Shawna Peck, her son Gabriel Olson and Rhonda Miller's son, Jared Chaudion. He asked the jury to disregard "a lot of static" (by the defense) about alternate suspects in the death of Randy Holmes.
Summers asked jurors to believe the testimony of Shawna Peck when she testified that, looking out their garage door, she saw Toby Peck shoot Holmes three times as he knelt on the ground. She went inside. Her son, Gabriel Olson, testified Peck told him to throw the victim's keys in a pond on the property. That is where Summers said DPS divers found the keys years later.
Summers said Peck embroiled the young boys in a coverup and later threatened the three witnesses.
Summers advised the jury not to believe "rumors and innuendo" or a false confession by Chaudion that he killed Holmes.
"Jaret is troubled. Randy was a father figure to him. Toby was also a father figure to him." Summers said the state offered Chaudion immunity from prosecution and he still testified he did not kill Holmes as some witnesses testified he told them.
Jasper attorney Matthew Morian began the defense's closing by telling the jury local officers and the Attorney General's office withheld information in the case, especially a timeline in which the 2017 disappearance and murder occurred. The date is important because telephone and work records show when Peck was at work as a tug boat captain.
Morian told the jury the victim's mother, Betty Holmes, saw her son's keys at his home after he disappeared. He said those keys were at his house when Olson said he threw them in the pond.
Shawna and Toby Peck separated four years after the incident, and defense attorneys contend she made up the story about Peck killing Holmes as revenge. He pointed out that Chaudion has a teardrop tattoo under his eye, an indication of having murdered someone.
Defense attorney Bill Morian pointed out to the jury that virtually all the witnesses disavowed any knowledge of the crime until they were threatened with prosecution themselves.
Prosecutor Andrew Roundtree showed the jury a photograph he took of a veteran's monument outside the courthouse. He said soldiers gave their lives so that all people can have fair trials. Holmes was on bond at the time of his disappearance, accused with severely beating Rhonda Miller.
"He (Toby Peck) took that right away from Randy Holmes. He was the judge, jury and executioner."
https://www.kjas.com/news/local_news/article_3e1c2172-5c15-11ef-b657-7fb111572533.html