Mental disability is defense in trial for murder of Edison HS football player

Wednesday, August 20, 2014
Mental disability is defense in trial for murder of Edison HS football player
Terrance Lee is accused of murdering an Edison High School football player back in September 2012.

FRESNO, Calif. (KFSN) -- A mental disability is the defense for a young man who killed an Edison High School football player.

Terrance Lee, 22, is on trial for the shooting in September 2012. Marquis Sutton was just days away from a game against Clovis West. In his opening statements, Lee's attorney said the shooting was idiotic. And that's basically his defense.

Wednesday, a defense psychologist said Lee suffers from a mild intellectual disability. But prosecutors say he's smart enough to know what he did could kill Sutton.

Jurors will never know what's running through Terrance Lee's mind as he stands trial for the murder of Marquis Sutton. The defendant did not testify in the case against him. But the content of his mind is very much a factor in the trial.

His attorney says Lee committed manslaughter, not murder, because he didn't have the mental capacity to understand the danger of what he did -- to have the specific intent needed for murder.

"You can negate the specific intent if you know, either you don't have the ability due to voluntary intoxication or some mental disability," said legal analyst Antonio Alvarez.

Psychologist Dr. Harold Seymour left the courtroom after telling the jury Lee reads at a second grade level and has a verbal IQ classifying him as mildly mentally disabled. But witnesses say Lee taunted Sutton after loading the gun with a single bullet. They say he aimed and pulled the trigger once, and nothing happened. Then, as Sutton tried to hide, he pulled again -- firing the shot that killed the 18-year-old.

Alvarez says it's a tough sell to convince a jury that anyone who aims and fires didn't know what the consequences could be.

"Because it's an act that, you know, common sense says if you point a gun at somebody and you shoot it, it's not very hard for a prosecutor to show there was intent involved there," he said.

Evidence in the trial wrapped up Wednesday afternoon. Closing arguments are Friday.

Lee faces life in prison if he's convicted of murder.