Defense rests in murder trial, lower charges may be considered

Tucker Richard, left, is pictured with members of the District Attorney’s Office. Richard has been charged with second-degree murder in the shooting death of his stepfather Scott Blake. PJ photo by Gregory Bacon

MAYVILLE – An Ellicott man charged with murder for killing his stepfather in a domestic dispute nearly two years ago could be found guilty of a lesser charge.

The trial of Tucker Richard resumed on Monday. He is accused of fatally shooting 57-year-old Scott Blake on January 6, 2023.

The prosecutor rested on Friday.

On Monday, Andrew Brautigam of the province’s public prosecutor’s office argued that the prosecution had failed to prove its case beyond a reasonable doubt.

Brautigam noted that the defense agrees that Richard shot and killed Blake, but he argued that Tucker has stated from the beginning that the shooting was done because he feared for his own life.

“That statement is not contradicted by the evidence in this case,” Brautigam said.

District Attorney Jason Schmidt responded that evidence shows Richard stabbed Blake with a knife and argued that the dispute continued in another room where Richard shot Blake in the head.

He stated, among other things, that these facts show that Richard did not kill Blake in self-defense.

After listening to both sides, Foley ruled that the evidence was sufficient and the motion to dismiss the case was denied.

After Foley’s verdict, the jury was reinstated and the defense brought in Judy Richard, Tucker’s grandmother, to testify.

From the witness stand, Judy stated that on January 6 around 10 p.m., she received a call from Tucker saying he had shot Blake.

‘I told you he’s not dead, right? And he said he did,” she recalled, her voice beginning to crack. “I told Tucker to call 911 and I would be there right away.”

She said she arrived on scene about 15 minutes later but was unable to speak with Tucker. She later went to the police station, but was also unable to talk to her grandson.

After Judy Richard testified, the jury was removed from the room.

At the time, Judge David Foley advised Tucker that he has the right not to testify under the Constitution, but that he is welcome to testify if he wishes. Foley also stated that if Tucker chooses to testify, the prosecutor will have the right to question him on the witness stand.

After speaking with public defender Nathaniel Barone, Tucker said he has decided not to testify.

Because Tucker has decided not to testify, the defense has formally rested its case.

After Judy Richard’s testimony, the jury was dismissed for the day.

The court continued with Foley discussing a defense request to have the jury consider the negligent homicide charge. They presented a similar case in which criminally negligent homicide was offered as an option for the jury to consider.

Schmidt objected, saying criminally negligent homicide should be used for accidental killings, and he said Tucker’s own testimony, which was played on a recording, indicated the shooting was not accidental.

Foley stated that there was ample room for interpretation by the jury to consider the lesser charge.

In an interview after court, Schmidt said a prison sentence for negligent homicide could carry 1 1/3 to 4 years in prison. A second-degree murder charge carries a prison sentence of 25 years to life.

Because Tuesday is election day, the process will resume Wednesday morning.