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Thursday, December 10, 2009
Bobby Ray Bordeaux was sentenced to life in prison Wednesday after a jury found the 38-year-old former mechanic guilty of first-degree murder in the 2008 shooting death of Clifton Jackson.
Bordeaux's initial trial, held in September, ended in a mistrial when the Edgecombe County jury failed to reach unanimous agreement regarding Bordeaux's mental capacity to form an intent in the slaying.
This time, the jury deliberated about an hour before handing down the guilty verdict, rejecting defense attorney David Braswell's contention that his client was too drunk the night of the shooting to form an intent to kill, a requirement to prove first-degree murder.
Bordeaux, called to the stand Tuesday, never denied shooting Jackson, 44, and another man outside the Hogs Pen Pub in Macclesfield in the early minutes of Aug. 31, 2008.
Braswell this week reprised the argument he made during the original trial, telling jurors that his client's intoxication and recollection of the evening should color their decision making. Braswell seemed to place increased emphasis during opening and closing remarks on Bordeaux's history with depression and alcoholism.
Bordeaux, who as a child witnessed his father kill himself, has a documented history of alcoholism and depression. Bordeaux has a few times attempted to kill himself, he told jurors, and a few months before the shooting, his youngest brother hanged himself.
A psychologist called to the stand by the defense collaborated Bordeaux's claim that he occasionally drinks so much, he blacks out for hours at a time.
Braswell asked jurors to consider that history when weighing the verdict.
"I'm not standing up here telling you Bobby Bordeaux did not shoot and kill Clifton Jackson," Braswell said. "What I'm saying to you is he is not guilty of first-degree murder."
Countering those remarks, Assistant District Attorney Steve Graham told jurors that it doesn't matter how much the defendant had to drink.
"Despite any drinks or depression or past incidents, through evidence we are prepared to show you, none of that matters," Graham said.
The state opened its case this week the same way it did in September by calling to the stand John Warlick, the 50-year-old man Bordeaux was convicted of shooting the same night he was accused of shooting Jackson.
Warlick and other witnesses repeated testimony given during the initial trial, which constructed a fairly consistent narrative of the night and the events that led to the shooting. Jackson and Bobby's brother, Eddie, were involved in a brief scuffle in the parking lot, drawing many of the bar's patrons outside.
During the initial trial, all the witnesses without dispute said the altercation had been resolved when Bordeaux came from behind a car, held a pistol to the back of Jackson's head and pulled the trigger, although a few witnesses called by the defense said the fight was more intense.
Bordeaux shot Warlick a moment later, witnesses said, after Warlick swung a few punches at him.
N.C. Superior Court Judge Cy Grant gave Bordeaux life in prison without parole, the minimum sentence for first-degree murder under state law.

Monday, December 07, 2009 TARBORO ?
Jurors heard opening arguments Monday in the re-trial of the Edgecombe County man accused in the 2008 shooting death of Clifton Jackson.
Bobby Ray Bordeaux's initial trial, held in September, ended in a mistrial when the Edgecombe County jury failed to reach unanimous agreement regarding Bordeaux's mental capacity to form an intent in the slaying.
Bordeaux, 38, is accused of shooting Jackson, 44, and another man outside the Hogs Pen Pub in Macclesfield in the early minutes of Aug. 31, 2008.
In his opening statement Monday, defense attorney David Braswell reprised the argument he made during the original trial, telling jurors that his client's intoxication and recollection of the evening would factor heavily in their verdict. Braswell seemed to place increased emphasis during opening remarks on Bordeaux's history with depression and alcoholism.
"I'm not standing up here telling you Bobby Bordeaux did not shoot and kill Clifton Jackson," Braswell said. "What I'm saying to you is he is not guilty of first-degree murder."
Countering those remarks, Assistant District Attorney Steve Graham told jurors Monday that it doesn't matter how much the defendant had to drink.
"Despite any drinks or depression or past incidents, through evidence we are prepared to show you, none of that matters," Graham said. "We will ask you to find this man guilty of first-degree murder."
The state opened its case the same way it did in September by calling to the stand John Warlick, the 50-year-old man Bordeaux was convicted of shooting the same night he apparently shot Jackson.
Warlick repeated testimony given during the initial trial, which constructed a fairly consistent narrative of the night and the events that led to the shooting. Jackson and Bobby's brother, Eddie, were involved in a brief scuffle in the parking lot, drawing many of the bar's patrons outside.
The state is expected to continue its case Tuesday morning by calling other eyewitnesses to the stand. Court officials expect the trial to come to an end by Wednesday or Thursday.
During the initial trial, all the witnesses without dispute said the altercation had been resolved when Bordeaux came from behind a car, held a pistol to the back of Jackson's head and pulled the trigger, although a few witnesses called by the defense said the fight was more intense.
Bordeaux shot Warlick a moment later, witnesses said, after Warlick swung a few punches at him.

New trial set for man accused of drunken slaying
By Mike Hixenbaugh Rocky Mount Telegram
Friday, December 04, 2009
Jury selection is slated to begin Monday in the trial of the Macclesfield man accused in the 2008 shooting death of Clifton Jackson.
Bobby Ray Bordeaux's initial trial, held in September, ended in a mistrial when the Edgecombe County jury failed to reach agreement regarding Bordeaux's mental capacity to form an intent in the slaying.
Following more than 10 hours of deliberation spanning two days, the 12-person jury told N.C. Superior Court Judge Cy Grant it was in hopeless deadlock, split 10-2, regarding the first-degree murder charge against Bordeaux.
Bordeaux, 38, is accused of shooting Jackson, 44, and another man outside the Hogs Pen Pub in Macclesfield in the early minutes of Aug. 31, 2008.
The jury did find Bordeaux guilty of assault with a deadly weapon inflicting serious injury for shooting 50-year-old John Warlick the night of the murder. Grant sentenced Bordeaux to between two and three years in prison. The state had been seeking a more serious charge in that incident, assault with a deadly weapon with intent to kill.
The question before the 12 jurors during the initial trial was not if Bordeaux fired the shot that killed Jackson ? even Bordeaux admitted he probably did it ? but rather if the defendant was of sound enough mental condition at the time of the incident to form an intent to kill.
Bordeaux told jurors he was so drunk the night of the shooting he didn't remember pulling the trigger, let alone why he did it. Defense Attorney David Braswell argued during the course of the trial that his client's intoxication and recollection of the evening are proof he had no premeditated intention of killing Jackson, therefore he's not guilty of first-degree murder, which implies intent.
It's unclear if the defense plans to deploy the same strategy in the trial set to begin Monday in Tarboro.
Witness testimony during the initial trial constructed a fairly consistent narrative of the night and the events that led to the shooting. Jackson and Bobby's brother, Eddie, were involved in a brief scuffle in the parking lot, drawing many of the bar's patrons outside.
Although a few witnesses called by the defense during the trial said the fight was more intense, without dispute, all the witnesses said the altercation had been resolved when Bordeaux came from behind a car, held a pistol to the back of Jackson's head and pulled the trigger.
Bordeaux shot Warlick a moment later, after Warlick swung a few punches at him.
Bordeaux took the stand on the second day of testimony and told jurors that, although he doesn't remember shooting Jackson or Warlick, he's convinced he did it after hearing the testimony of nearly a dozen eyewitnesses, including his wife.
Jurors had the option to find Bordeaux guilty of second-degree murder, but Braswell argued his client isn't even guilty of that charge, which requires the state to prove the defendant committed the crime with malice or ill will. Braswell petitioned during the trial to add the charge of involuntary manslaughter to the jury's verdict sheet, but Grant denied the motion.
Assistant District Attorney Steve Graham dismissed Braswell's arguments, challenging Bordeaux's claim that he couldn't remember the shooting and calling the 38-year-old mechanic a "cold-blooded killer" during his closing remarks.
Being drunk and depressed is not a defense for murder, Graham said.
Opening arguments in the new trial are expected to begin Monday afternoon.

Murder trial ends in hung jury
By Mike Hixenbaugh Rocky Mount Telegram
Thursday, September 24, 2009 TARBORO ?
An Edgecombe County jury could not reach an agreement Thursday in the trial of the man accused in the 2008 shooting death of Clifton Jackson, resulting in a mistrial.
Following more than 10 hours of deliberation spanning two days, the 12-person jury told N.C. Superior Court Judge Cy Grant it was in hopeless deadlock, split 10-2, regarding first-degree murder charges against Bobby Ray Bordeaux.
The hung jury was released late Thursday afternoon.
Bordeaux, accused of shooting Jackson, 44, and another man outside the Hogs Pen Pub in Macclesfield in the early minutes of Aug. 31, 2008, will have to wait at least another two months to learn his fate. A new trial was scheduled for Dec. 7.
The jury did find Bordeaux, 38, guilty of assault with a deadly weapon inflicting serious injury for shooting 50-year-old John Warlick the night of the murder. The state had been seeking a more serious charge in that incident, assault with a deadly weapon with intent to kill.
Grant sentenced Bordeaux to between two and three years in prison, the maximum punishment for the assault charge. Warlick declined to comment following the partial verdict.
Members of Jackson's family expressed disappointment with the hung jury, but also declined to comment on the record outside the Edgecombe County courthouse, where they had spent the past four days listening to testimony and waiting for a verdict.
At question before the 12 jurors was not if Bordeaux fired the shot that killed Jackson - even Bordeaux admits he's probably did it - but rather if the defendant was of sound enough mental condition at the time of the incident to form an intent to kill.
Bordeaux told jurors he was so drunk the night of the shooting he didn't remember pulling the trigger, let alone why he did it. Defense Attorney David Braswell argued during the course of the trial that his client's intoxication and recollection of the evening are proof he had no premeditated intention of killing Jackson, therefore he's not guilty of first-degree murder, which implies intent.
Witness testimony Monday and Tuesday constructed a fairly consistent narrative of the night and the events that led to the shooting. Jackson and Bobby's brother, Eddie Bordeaux, were involved in a brief scuffle in the parking lot, drawing many of the bar's patrons outside.
Although a few witnesses called by the defense during the trial, which started Monday, said the fight was more intense, without dispute, all the witnesses said the altercation had been resolved when Bobby Ray Bordeaux came from behind a car, held a pistol to the back of Jackson's head and pulled the trigger.
Bobby Ray Bordeaux shot Warlick a moment later after Warlick swung a few punches at him.
Bobby Ray Bordeaux took the stand Tuesday and told jurors that, although he doesn't remember shooting Jackson or Warlick, he's convinced he did it after hearing the testimony of nearly a dozen eyewitnesses, including his wife.
Jurors had the option to find Bobby Ray Bordeaux guilty of second-degree murder, but Braswell argued his client isn't even guilty of that charge, which requires the state to prove the defendant committed the crime with malice or ill will. Braswell petitioned during the trial to add the charge of involuntary manslaughter to the jury's verdict sheet, but Grant denied the motion.
Assistant District Attorney Steve Graham dismissed Braswell's arguments. He challenged Bobby Ray Bordeaux's claim that he couldn't remember the shooting, and called the 38-year-old mechanic a "cold-blooded killer" during his closing remarks.
Being drunk and depressed is not a defense for murder, Graham said.

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