Note: Readers are cautioned to remember that opening statements are assertions made by the attorneys about what they will attempt to prove about the incident and are not evidence. Evidence and testimony is presented as the trial progresses. The suspect is presumed innocent unless a jury decides otherwise.
By Betsy Finklea
The trial of the State v. Jameel Mercer began in General Sessions Court in Dillon today.
Mercer is charged in the murder of Dominic Howard in April 2021.
John Jepertinger of the Fourth Circuit Solicitor’s Office gave the state’s opening statement. He began his remarks talking about our most valuable commodity, which is time. He then went on to talk about Dominic Howard and the events that occurred leading up to his death. He said on April 13, 2021, it was good times for Howard. Howard had gotten a $53,000 civil settlement check, which he picked up at the Lucky Law Firm in Charleston. Howard deposited approximately $43,000 in South State Bank and took out $10,000 in cash. He went from Charleston to Timmonsville where he bought a red 2015 Kia Optima for which he paid $7,500 cash. Then the next day on April 14th, he went to Florence a got rims and tires for which he paid $1800 in cash. These were good times. On April 21st, he withdrew another $5,000 in cash. Again, these were good times for him and things were going well, said Jepertinger. On April 27th, he went to have a good time with friends. It was all good–good times, said Jepertinger.
Then, on April 28th, in Room 8 of the Relax Inn, Howard said that Jameel Mercer decided that the good times were over. Howard said that Mercer took three things from Howard: 1) his money while armed with a handgun, 2) the Kia Optima which now had special rims, decals, and specialty plates, and 3) Howard’s life. Jepertinger said that Howard was found laying with his stomach on the bed and the phone in his hand.
Jepertinger then explained the concept of reasonable douht and the types of evidence, direct and indirect (circumstantial). He said indirect evidence can point directly to the guilt of the accused.
Jepertinger told the jury that they would hear testimony from law enforcement as to how they found things, what was going on, how they processed the evidence, and how they processed for fingerprints. He said they would testify about items found with Mercer’s fingerprints. He said they would hear from Mercer’s relatives who saw him in Dominic Howard’s vehicle on April 28th and about how when he was queried about where the car came from and how he said he paid some money for it. Jepertinger said the jury would see Mercer on a video operating that vehicle at the Circle K gas station in Mullins. He said there were no more decals and the specialty plate was gone. He said this was all before law enforcement came at the request of the manager to the Relax Inn.
Howard had checked in on the 28th and was supposed to leave on the 29th. When he hadn’t checked out, she knocked on the door, opened it, saw a dead body and blood on the bed, and had someone call the police.
At this point during the opening statement, a family member of Howard began crying and another family member started to help her out of the courtroom.
Jepertinger said that Howard had died of a single gunshot to the head.
After this statement, the relative began sobbing loudly and said something along the lines of “Oh God, Oh God” and some indistinguishable words and then “Oh Jesus, Oh Jesus.” At this point, the opening statement had stopped and the woman was helped out of the courtroom by the other relative and law enforcement.
Jepertinger continued his opening statement. He said Mercer abandoned the vehicle and when it was located by a law enforcement agency, SLED processed it finding Howard’s Social Security Card, bank records, and other paperwork in the car. Jepertinger said they also found latent prints. He said prints found on a bottle of hand sanitizer in the vehicle belonged to Mercer.
He said they will also hear from an informant, who said two years after the incident that Mercer told him that he killed Howard and gave specifics of how he committed the crime.
Jepertinger said Mercer was arrested on May 2 at Love’s Truck Plaza and was found with a wad of cash.
He asked the jury to render a true, just, and righteous verdict. He said now was the time to hold Mercer responsible for his acts in 2021.
There was a break after the opening statement out of the presence of the jury to discuss the outburst by the relative that occurred during the state’s opening statement. The judge stated that he had no idea that an emotional outburst would occur, but if people in the courtroom can’t control their emotions they don’t need to be in there. He said if they do come in and can’t control their emotions, he will take action.
The defense stated that they were extremely concerned about this and the appearance it gives the jury and asked that they have time to discuss this with their client. They were granted this time and after a short time returned to the courtroom and the trial proceeded.
The opening statement for the Defense was given by Public Defender Nathan Scales. Scales said convenience is not a conclusion.
Scales told the jury that the government must prove every single element of every single crime for which they are accusing Mercer. He said the government has a high bar and the highest legal standard of any courtroom in this country. He said he completely trusted the jury to do the hard thing and tell the government that they did not prove their case.
Scales said this is a case of circumstantial evidence and that details matter. He said Mercer was driving the car and his DNA was found there, but asked what did that mean. He said the jury must determine what the evidence shows. He said details matter, timelines matter. He said he didn’t know what happened in that motel room when Howard was killed, but that the government doesn’t know either. He said the government is presenting an educated guess, but an educated guess doesn’t cut it when liberty and freedom are on the line. He said what they hear should be backed up by physical evidence.
He urged the jury to pay close attention to what they hear. Details matter. Does it make sense? Does the evidence match the crime? Does the evidence presented leave you with more questions?
Scales said questions that cause one to hesitate, cock your head to ponder, or raise an eyebrow, those questions are reasonable doubt. He said the government must answer all the reasonable questions that they have and if they don’t they are bound by their oath to find the defendant not guilty. He reminded jurors that they were the judges of the facts not emotions. Scales said what happened to Howard was terrible, and he understands emotion, but he asked the jurors to consider the facts. He said these are very serious accusations. It’s not what was possibly done, not what maybe he could have done, not what he probably did, and if it is not beyond a reasonable doubt, it’s not guilty.
After the opening statements, the state began to call witnesses for their case. The trial continues tomorrow.
