Murder case defense: man 'refused to be a rabbit anymore'

Nov. 8– Accused of calculating to murder a man, Carl Couch had actually been driven nearly to the point of attempting suicide by Sammy Gary before he shot him to death outside a Bruton Branch convenience store, according to Couch’s attorney in opening statements today in Hardin County Circuit Court.

Couch is facing a charge of first degree murder in the April 2, 2008 killing of the 37-year-old truck driver and father.

Placed briefly on the Tennessee Bureau of Investigation’s list of "10 most wanted" suspects, Couch was apprehended two days later, walking out of the woods to surrender to a Hardin County Sheriff’s Department investigator on Three-Wheeler Drive a few miles away.

Hardin County Assistant District Attorney Gen. Ed McDaniel told the eight man, four woman jury that when they conclude deliberations after hearing the proof, "there will be no question" the shooting was premeditated, and that Couch is guilty of first degree murder.

"Listen to who said what they were going to do, who said what they were likely to do," the prosecutor said.

An apparently intoxicated Couch left long, rambling recordings on his estranged wife’s sister’s answering machine.

Seated in the witness stand, the sister, Ella May Holly, repeatedly wiped her eyes as the recordings were played.

"Sammy is lucky to be alive, and he might not be for much longer," Couch says. "Hell, I might go kill the SOB. I might beat him to death with my bare hands. I don’t know."

Holly said the calls came in the middle of the night, and she never got up to answer the phone.

Representing Couch, who was 42 at the time of the incident, attorney Ryan Feeney of Selmer said the question is not whether his client killed Gary.

"This case is about a man who refused to be a rabbit anymore and decided to stand up for himself," he said.

Describing Couch as hard-working but "not real educated, not real smart," Feeney said Couch’s wife, who had custody of their four children, had taken up with Gary.

Gary had repeatedly called Couch, saying he was sleeping with his wife and Couch’s 14-year-old daughter, and threatening to kill him, Feeney said.

Together, he said, they "had a lot of fun" tormenting Couch.

A key eyewitness in the case failed to show up on time for the case, delaying opening statements in the trial until 1 p.m.

The witness, Travis "T-Bone" Hardy, testified that on the night of the shooting, Couch drove up outside his store, T-Bone and Sallie’s, as he was closing.

Normally quiet, Couch was behaving erratically, he said, waving a small pistol, asking as to Gary’s whereabouts and threatening to kill Gary when he saw him.

He said Couch "even stuck (the gun) to his (own) head and said he wasn’t afraid to die."

Moments later, Gary pulled up in his pickup truck at the intersection across from the store, and when he pointed him out, Couch drove over to confront him. With driver side doors facing, Couch produced a two-shot, .22 caliber derringer, said "I told you I was going to get you" and fired a single shot, striking Gary in the upper body, Hardy said.

Gary’s vehicle traveled slowly across the intersection and into the store’s parking lot, where Gary got out, asked Hardy to "call the law," and then fell to the pavement, he said.

Hardy said as Gary lay on his back, Couch ran up, pointed the pistol in Gary’s face from inches away and said, "Look up in the barrel, (expletive deleted). I told you I was going to kill you."

Couch then fired a second shot, into Gary’s left eye, he said.

Hardy said that before Couch drove off, he told him to call the police.

Feeney challenged Hardy’s version of the events, contending in his opening statement that even after being shot once, ballistics evidence will show Gary was moving forward to attack Couch when the second round was fired.

He accused Hardy of making a deal with authorities for his testimony against Couch in exchange for leniency involving criminal offenses of his own.

"Can you tell me where in your store you keep the illegal gambling machines? Do you sell the pot out of the same room?" Feeney asked.

Hardy admitted to having gambling machines "at the very back of the store. At the time I was trying to make some extra money."

He denied getting any special consideration considerations. Hardin County Circuit Court Judge Creed McGinley sustained an objection from the state pertaining to the marijuana allegation, ending that line of questioning.

Testimony in the case is to resume Tuesday at 8:30 a.m.