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Verdict: Not guilty
Murder trial continues in Caroline
REFRESH THIS PAGE FOR THE LATEST UPDATE. Reporter Portsia Smith is filing updates from the courtroom.

UPDATE: (10:14 p.m.)

After several hours of deliberation, the jury has returned a not guilty verdict.

UPDATE: (9:26 p.m.) The jury is still deliberating.

UPDATE (5:55 p.m.) The Jury started deliberations. Commonwealth Attorney Tony Spencer says it could take a while.

UPDATE: Quotes from Defense Attorney Jon David to the jury:

"The tears you see are real. He has to live with this for the rest of his life that he killed his friend. And it was an accident."

"His story makes sense. Their's [the prosecution] doesn't. They have not proved that this was not an accident. They have not proved that it was intentional."

"I would ask you to go back and find him not guilty of these charges."

UPDATE (5:18 p.m.)

The defense begins its closing argument.

UPDATE: (5:04 p.m.)

The commonwealth is still giving closing arguments. Here's a summary of their main points: 1. Peck leaves Beverly there to die 2. Peck flees the scene 3. Peck concealed evidence by throwing gun in river 4. Peck's story and some witnesses' stories don't make sense 5. Peck makes false statements 6. Peck shows no remorse. UPDATE: (4:28 p.m.) Closing arguments have begun. The Commonwealth is presenting its argument first.

UPDATE: (3:28 p.m.)

Attorneys are going over with judge what jury instructions to give. Jury is not in the courtroom.

UPDATE: (2:50 p.m.)

The commonwealth has rested.

UPDATE: (2:40 p.m.)

17-year-old Joshua Barr just testified that Mike 'Bruce' Heflin III told him on the school bus in January 2008 that Peck and Beverly had argued over drugs, and that's why Beverly started walking home.

This was said after charges against peck were initially nolle processed. Josh is the grandson of Jerry Beverly. Lesa Adkins, son of Beverly and mom of Josh, is on the stand now. Jury has been asked to step out for the seventh time while attorneys debate whether to allow a family photo of Beverly and his grandson.

Commonwealth says the photo, taken less than a year before his death, proves Beverly had something to live for. The judge allows it. Jury is coming back now.

UPDATE: (11:58 a.m.)

Court's in recess until 1:15. The prosecution has two more witnesses after that. Closing arguments will follow and the case could go to the jury later today.

UPDATE: (11:46 a.m.)

Dawn Heflin, wife of Robert Heflin, just left the stand. She testified that someone called her home the night of the killing and that she gave her husband the phone. She asked what was going on and later called 911. She then said her husband fell to his knees on the floor totally dumbfounded.

UPDATE: (11:36 a.m.)

Gary 'Buck' Heflin just testified that the night of the shooting, Dawn Heflin called his home in a panic saying that Jerry Beverly was shot and that she was looking for her husband, Robert. A jury member interrupted the court and asked to submit a question to the judge as soon as Jodie Heflin took the stand. Jodie is the wife of Gary Heflin.

UPDATE: (10:53 a.m.)

Court is back in session. The defense has rested. The commonwealth is about to present more evidence. Lead investigator Lt. keith chapman is on the stand again.

UPDATE: 10:42 a.m.

Peck said this was the first time he'd gone hunting with Beverly.

On the shooting, Peck testified: "When the gun went off, I hollered out, oh [expletive]. Jerry said, 'You shot me.' I said, no I didn't. Then Jerry said, 'you did, and call the sheriff or someone.' "

Peck testified that he said again, "I didn't shoot you. And Jerry said, 'yes you did. Look at the blood.' "

Peck said Beverly then lifted his arms up and fell back.

Peck said he said, "Jerry are you ok?" He got no response.

In other testimony, Peck said: "Nobody knows what it's like to see someone dead. I panicked. I did not mean for this to happen. I had no quarrels with him or his family. It was an accident and I'm sorry."

"And I know it's not going to bring Jerry back but I'm sorry." UPDATE: 10:28 a.m.

Spencer brought out photos of the dead body. He said, "I can't look at that." Peck then sobbed for several minutes. The judge has called a recess.

UPDATE: (10:21 a.m.)

Peck on the stand: "I did not mean for this to happen. I considered Jerry a friend, and I'm sorry. I'm sorry to his family. I never had a cross word with this man," Peck said behind sobbing tears.

"No, I did not intentionally try to shoot him. I was just trying to give him a ride. I was just trying to help him."

He cried even more.

"I've actually been totally out of my mind. I've never seen someone, especially my friend, laying on the ground dead. I'm not trying to hide anything."

His grandmother then yelled to prosecutor Tony Spencer from her seat: "Leave him alone."

UPDATE: (9:51 a.m.)

Peck on why he got rid of the gun: ""I just wanted it away from me. I wasn't trying to hide it. I just wanted it away from me so I threw it in the river."

UPDATE: (9:17 a.m.)

Peck is on the stand. He said he is on meds for panic attacks.

Check fredericksburg.com for continuing updates today.


Date published: 7/22/2009

BY PORTSIA SMITH

The second day of the murder trial of John Wayne Peck in Caroline County was perplexing almost from the start.

It began with the defendant hyperventilating and getting rescue squad assistance when the prosecutor introduced as an exhibit the camouflage shirt victim Jerry Beverly was wearing the day he was fatally shot.

And throughout the day, Circuit Judge Horace Revercomb spent considerable time making decisions about whether various evidence or testimony from witnesses was admissible or not.

Peck, 29, is charged with fatally shooting Beverly, 61, in the fall of 2006 after a dove hunting trip in which there was heavy drinking by those involved.

Early on the second day of the trial, Caroline Commonwealth's Attorney Tony Spencer presented the camouflage shirt. The defense attorney immediately asked for a recess.

Seconds later, Peck ran out of the courtroom with his hands over his mouth, and struggling to breathe.

A rescue squad was called to bring in oxygen for Peck, who could be heard crying and yelling, "I didn't do this."

Peck later returned and a second videotaped interview of the defendant, taken just hours after the shooting, was played for the jurors. In it, he again said the shooting was an accident.

He said Beverly had gotten upset and started walking home because a few friends had playfully accused him of stealing a gun, according to the video statement.

Peck said he offered him a ride home and then they started talking about turkey calls.

When they arrived at Beverly's home on Rozell Road, Peck said on the video that Beverly stepped out of the truck with his own rifle, but then reached in to pick up Peck's .44-caliber Magnum revolver, saying something to the effect of shooting Peck's toes off.

Peck said on the video that he brushed Beverly's hand away, and then proceeded to place the revolver in the back when the gun went off and Beverly was shot.

He said when he didn't get a response from Beverly he "freaked out" and drove away. He also admitted to throwing the gun over a bridge into the Ni River. The gun was later recovered.


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Date published: 7/22/2009



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janey k comments on john wayne (posted by whiteoakhistory , July 24, 2009 9:19 pm)    0 likes
do you know any of the people involved personally? i do.....he had a court trial and was found to be not guilty. let both sides heal and move on rather than to try and get your fifteen seconds of fame. also remember no one is perfect.

Even if it was an accident (posted by JaneyK , July 23, 2009 4:34 pm)    0 likes
There were multiple illegal acts being comitted at the time of the "accident". And then to leave the man there to die....Karma sucks and unfortunately, one day in some way or another this will catch up with him. Hope he's not doing all this drinking and playing with guns in the presence of his children. What's next.....I'm sure this isn't the last time he will be featured in the paper.

Even if it was an accident (posted by JaneyK , July 23, 2009 4:34 pm)    0 likes
There were multiple illegal acts being comitted at the time of the "accident". And then to leave the man there to die....Karma sucks and unfortunately, one day in some way or another this will catch up with him. Hope he's not doing all this drinking and playing with guns in the presence of his children. What's next.....I'm sure this isn't the last time he will be featured in the paper.

Even if it was an accident (posted by JaneyK , July 23, 2009 4:34 pm)    0 likes
There were multiple illegal acts being comitted at the time of the "accident". And then to leave the man there to die....Karma sucks and unfortunately, one day in some way or another this will catch up with him. Hope he's not doing all this drinking and playing with guns in the presence of his children. What's next.....I'm sure this isn't the last time he will be featured in the paper.

Even if it was an accident (posted by JaneyK , July 23, 2009 4:34 pm)    0 likes
There were multiple illegal acts being comitted at the time of the "accident". And then to leave the man there to die....Karma sucks and unfortunately, one day in some way or another this will catch up with him. Hope he's not doing all this drinking and playing with guns in the presence of his children. What's next.....I'm sure this isn't the last time he will be featured in the paper.

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