Jury Finds Graves Guilty, Recommends 15 Years

By BOB WATSON News Tribune

Misty Graves committed second-degree murder when she shot Lesean Covington last April 17, and she should serve 15 years in prison for the crime, a Cole County jury said Friday.

Ms. Graves, 18, could have received up to life in prison for the conviction by the six-man, six-woman jury. The jury also convicted her of unlawful use of a weapon, by concealing it, and recommended a one-year jail term on that charge.

Jurors deliberated about 70 minutes before reaching their verdicts. They took the case at 3 p.m. Friday.

Cole County Associate Circuit Judge Pat Joyce will issue the final sentence later.

"These kinds of verdicts do help curb shooting incidents like these," said Assistant Cole County Prosecutor Bill Tackett, after the verdicts ere announced, "because 1 really believe people who are in these situations could misperceive an acquittal and see that as a free ticket to go ahead and use their (guns)."

Several people cried softly when the verdict was announced and the jury was polled to verify their unanimous verdict. Judge Joyce had promised to eject anyone from the courtroom who created an outburst.

Ms. Graves testified Friday morning she shot Covington, 27, in self-defense, after "he started hitting me and kept getting up and trying to swing at me."

Covington was sitting on the right side in the back seat of Ms. Graves’ car while they argued about his request that she drive him to the Westview Heights subdivision.

Dr. Jay Dix, the medical examiner for Boone and Callaway counties who performed Covington’s autopsy, testified Thursday Covington bled to death from a gunshot wound to the chest that perforated both lungs and the aorta.

Mark Evans, representing the public defender’s office, argued Covington was hit by a shot fired as he leaned over the back seat of the car, attacking Ms. Graves.

But Tackett reminded jurors during Friday afternoon’s closing arguments that Dix had testified the wound was consistent with a person trying to get out of a car on the passenger side.

"It’s absurd to say this killing took place in self-defense," Tackett argued. "She never called anybody. She never went to the hospital or to the police.

"I’m describing an organism here, because you can’t be human and do this."

Tackett said later he thought Ms.

Graves’ self-defense case was hurt by her dumping Covington’s body near Riverside Drive, more than a mile away from the shooting scene in the 400 block of Lafayette Street, and by her keeping the small pistol hidden from view until she was ready to fire it.

Evans declined to comment after the verdicts were announced.

During his closing arguments, Evans asked the jury: "Is it wrong for her to defend herself?

"She used deadly force because, at that time, there were no other options."

Jurors were told Thursday that, after the 2:45 a.m. shooting, Ms. Graves had gone to a friend’s house, changed her clothes, and "snuggled" with a man while the friend watched a movie. During her testimony, she denied the snuggling or watching a movie, and aid she’d gone to the home to get advice on "what I should do."

Evans told jurors in his closing arguments: "The state is trying to show that what she did was coldhearted.

"What she did afterward were things that a person who is scared would do."

Evans also reminded jurors that "We’ve spent two days talking about what happened in a matter of seconds."

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This page last updated 18 March 2006
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