Jury hears opening arguments in double murder case
Nov. 1—WELCH — Whether the gunshot that killed a mother and her unborn son was fired intentionally or by accident was the focus Tuesday of opening arguments when the trial of a man facing two first-degree murder charges got underway.
Most of Monday was spent choosing a jury for the trial of Jhamel Scott Jr., 24, of Welch. The jurors heard opening arguments Tuesday morning when Scott appeared before Circuit Court Judge Edward Kornish.
Scott was arrested on April 8, 2022 after his girlfriend, 20-year-old Summer Robinette, was shot and killed at their Stewart Street home in Welch. Welch Police Chief Timothy Vineyard was dispatched at 1:33 a.m. that day. Scott was outside when Vineyard arrived and told him where the weapon could be found; the .357-caliber revolver was on the hood of Scott's car. Robinette was found in the bedroom.
In her opening argument, Prosecuting Attorney Brittany Puckett told the jury that Robinette was 23 weeks pregnant with her second son when she died. The baby was due in August that year.
"This is a large, semi-complex case," Puckett said.
Puckett described Scott as a "gun enthusiast" who owned several firearms along with ammunition and magazines found in the house. Robinette was found on the bedroom floor when first responders arrive at the home. JanCare paramedics arrived soon after Chief Vineyard, and they estimated that Robinette had lost 2 to 3 liters of blood within minutes after being shot. Chief Vineyard found Robinette's other son in another bedroom, covered him with a blanket and then passed him to a family member so he would not see what had happened.
Robinette, who worked the Little General store in Welch, had worked that night. She was sitting on the bed eating a sandwich. Scott said that he was cleaning guns. He had gotten a gun from a gun safe in the bedroom closet and slipped, Puckett stated.
The gun went off and the shot went through a television that was on the bed, Puckett said. Scott was using it for playing video games.
"And the bullet went through the TV and broke into fragments, and Summer was hit with both fragments," Puckett told the jury, adding they would be shown this television screen and the blood splatter on it and how the bullet had passed through it. "The defendant advised that he was coming out of the closet with a gun when he slipped and it went off."
Robinette was hit by two fragments. One of them struck her neck and severed arteries, Puckett said. Robinette's son was a "well-formed baby boy at 23 weeks gestation" and could have survived outside the womb. After an autopsy, the death was ruled a homicide and the manner of death was a gunshot wound.
West Virginia has an Unborn Victim of Violent Crimes Act in which an unborn fetus would constitute a separate victim, Puckett stated.
Puckett then spoke about the gun, which she described as a hammerless revolver. The trigger pull — the amount pressure needed to pull the trigger — was 11 and a quarter pounds, she said. Other revolvers have a trigger pull ranging from 5 to 6 pounds.
Scott had kicked Robinette and her other son out of the house a few days before the shooting, arguing, "Why do you want a baby when we're struggling?" Puckett told the jury.
"Ladies and gentlemen, this is indeed first-degree murder," Puckett said. "It was a willful, deliberate and premeditated killing."
Scott's attorney, R. Keith Flinchum, told the jury during the defense's opening argument that the fatal gunshot was fired by accident.
"The circumstances that led us here today are tragic," Flinchum said. "A young lady lost her life and her unborn child."
Scott has been charged with first-degree murder, but to have that charge, the state must prove premeditation and intent, he said. The state must prove he had planned to shoot Robinette.
Certain facts in the cases are undisputed, Flinchum said. Scott and Robinette had argued prior to the shooting, but that does not mean he intended to cause her death. Scott was driving her to Mercer County when they encountered her sister who then drove her the rest of the way. Robinette returned to Scott's house the next day.
Flinchum said that many families worry about finances when a new baby is expected. In one email exchange with Robinette, Scott said, "Oh, he wants to come out here and see his daddy" after seeing an ultrasound of the baby.
Robinette went to an OB/GYN (doctor of obstetrics and gynecology) four times during her pregnancy, and was ask during each visit if she was having any problems at home, Flinchum stated. She did not say there were any domestic problems and there were no police reports or 911 calls to indicate that the relationship was violent.
Flinchum also said that Scott, who has an amputation above one knee and uses an artificial leg, fell and the gun discharged.
"As sad as it it, as horrible as it is, the facts will show this was nothing more than an accident," Flinchum told the jury. "As terrible as it is, as hard as it is, that is what the facts will tell us."
The trial continues today before Judge Kornish.
— Contact Greg Jordan at gjordan@bdtonline.com
Contact Greg Jordan at gjordan@bdtonline.com
