Man: Shooting caused by panic

By Matt Pordum (contact)

Tuesday, June 28, 2005 | 9:39 a.m.

A white 22-year-old man on trial for attempting to murder his younger sister's black boyfriend said he did intentionally shoot him, but testified Monday he only did so because "he scared me real bad, I panicked."

A jury this morning was trying to determine whether Stephen Gibson was acting in self-defense as he claims or was carrying out the last part of a plan concocted by him and his family to kill 28-year-old Corey Garnett after learning his then 16-year-old sister, Heather, was dating Garnett.

Stephen Gibson is charged with attempted murder with use of a deadly weapon, battery with use of a deadly weapon and mayhem for shooting 28-year-old Corey Garnett on Jan. 15 in the parking lot of a 7-Eleven located at 780 N. Nellis Blvd.

The shooting left Garnett paralyzed from his thighs down.

The jury deliberated for roughly an hour on Monday afternoon before being sent home by District Judge Michael Cherry. They resumed deliberations this morning.

Prosecutors contend that after Stephen Gibson was told his sister was dating Garnett and had been seen kissing Garnett while on a work break at the Long John Silver restaurant she worked at, his family became enraged, so they set up and carried out the shooting.

Stephen Gibson, however, contends he only confronted Garnett on the night of the killing by coincidence and although he and his family disapproved over Garnett dating Heather Gibson it wasn't because of race, but for other reasons.

"He's (Garnett) a lot older than her (Heather Gibson)," Stephen Gibson said. "He's a gang member, sold drugs, stole cars. I believe my sister deserved better than that. I have no problem with black people."

"If she was 18, I'd have no problem with it (dating Garnett)." Stephen Gibson, a self-described professional window cleaner, said although he considered an alleged threat made by Garnett against the Gibson family "very serious" there was no plan in place to confront Garnett the night of the killing.

He repeated the alleged threat that several family members referenced during their testimony on Friday saying Garnett warned "If me and my brother don't keep his name out of our mouths he was going to shoot up my mom's house."

Garnett allegedly made the threat to Stephen Gibson's cousin, Cory Tackett, who like Heather Gibson was working at Long John Silver's on the night of the killing. Tackett said he quickly called Stephen Gibson who managed to get in touch with his mother, who then decided to head down to the restaurant.

Joyce Gibson said she went the restaurant with her brother, husband and sister-in-law not to confront Garnett, but to confront her daughter over her relationship with Garnett. She said she was opposed to it because of Garnett's age, and not because he was black.

Stephen Gibson's uncle, Clyde Tackett, said he went along with his sister to the restaurant because he was concerned about Garnett's alleged threat.

Tackett admitted to following Garnett out of the restaurant, but only for the purpose of seeing what kind of car Garnett drove. He did follow Garnett up to the 7-Eleven parking lot, however, and witnessed the incident.

Stephen Gibson said he stopped at the 7-Eleven only to pick up snacks for a trip to visit his 34-year-old girlfriend's dying grandmother when he, three friends and his girlfriend encountered Garnett walking.

He said he was also going to Long John Silver's, but only because he could get free food for his children there and not because he was looking to confront Garnett.

When asked why he was decided to make the trip with an unregistered handgun in his pocket, he said he "took the gun in case he (Garnett) was there."

Stephen Gibson said he saw Garnett at the 7-Eleven and told him "I'm not looking for any problems, but why did you tell my cousin you're going to shoot my mom's house up."

He said Garnett "kept walking towards me" and even took a swing at him as if Garnett had a weapon of sorts in his hand, but "as soon as he seen it (the gun) he (Garnett) pulled back."

No weapon was found in Garnett's possession after the shooting.

Stephen Gibson said Garnett took a second swing at him and Gibson pulled back to avoid a blow and raised his hands high in the air and his gun went off. Stephen Gibson said he then went home took a shower and drove to California to visit his girlfriend's dying grandmother.

His testimony on Monday was similar to that of his girlfriend, uncle and two of his friends, but totally at odds with the recollection of a handful of independent eyewitnesses.

"Not one witness that had no relationship to either side says this was self-defense," Deputy District Attorney Tim Fattig said during closing arguments. "Everyone that says it was self-defense is related to Stephen Gibson."

Fattig reminded the jurors that five people all testified to seeing "the shorter guy pushing the taller guy" before pulling out a gun a firing straight ahead. Stephen Gibson is 5 feet 4 inches tall, and Garnett is 6-foot 2.

The prosecutor said the real proof that the shooting of Garnett was a planned event was the fact that all of the eyewitnesses said that after the shooting Stephen Gibson and his three friends ran away from the parking lot and went east on Bonanza before crossing the street and getting into "the getaway car" a blue minivan driven by Gibson's girlfriend that quickly sped away.

The independent eyewitness accounts differ drastically than that of Stephen Gibson, his friends, girlfriend and uncle who all said the van was parked in the 7-Eleven parking lot.

Fattig said Stephen Gibson and his family and friends tried to carry out a "premeditated self-defense."

"The body hits the ground and a person so afraid of Corey Garnett runs off, never looking behind. No, he takes off and flees," Fattig said. "That's the consciousness of guilt. A man who has a legitimate claim of self-defense doesn't run like they did."

Fattig said the independent eyewitnesses would have been no help in this case, however, if it wasn't for the fact that Garnett survived the gunshot that came within one centimeter of his heart. The prosecutor reminded the jury that before going into a coma Garnett told the police officers at the scene it was Stephen Gibson that shot him.

"He wasn't supposed to live, but he did and a curveball was thrown at Stephen Gibson's plan," Fattig said.

Earlier on Monday afternoon Chief Deputy District Attorney Frank Coumou said Stephen Gibson's motive for the killing was one he shared with his whole family who were all "upset about the relationship" and wanted to get rid of Garnett, get rid of "the problem."

"This was a set-up all from the beginning," Coumou said. "There is a problem and they're going to take care of the problem. Problem is Garnett doesn't die and came into this court and testified."

Stephen Gibson's attorney, Todd Leventhal, reminded the jury that unlike Gibson, who has no criminal record whatsoever, Garnett, who goes by the nickname "Corndog," is three-time felon who was a member of the Non-Stop Gangsters. Garnett also testified in court that he usually carried agun, Leventhal said.

Leventhal attacked the credibility of Garnett, saying that a man convicted of home invasion, forgery and possession of cocaine could not be trusted.

He brought attention once again to the fact that Garnett admitted to performing drive-by shootings and to knocking down the "door of his baby girl's grandmother's home, pointing a gun to her face and saying, 'If you call the police, I'll blow your head off.' "

Leventhal spent much of his closing argument comparing testimony that Garnett delivered at his preliminary hearing two months ago, to that he gave on Thursday and Friday of last week. Testimony that the defense attorney said was drastically different.

The defense attorney said all of Garnett's past "goes directly to Stephen's (Gibson) state of mind" after he heard of Garnett's alleged threat to shoot at his mother's house.

"That was not an idle threat," Leventhal said. "It was coming from a guy who carries a gun to the grocery store, a gangster. He (Gibson) brought a gun because he knew of this guy's history."

Leventhal said it was common sense that the Stephen Gibson "was scared" and brought the gun in case he did run into Garnett for protection.

"One shot shows he (Gibson) had no intent to kill," Leventhal said. "He shot and ran away and didn't shoot him again. He (Gibson) didn't even know Corndog would be there (at the 7-Eleven), but it just so happens he was.

Leventhal accused the eyewitnesses who testified to seeing the shooter pushing Garnett of "not intentionally lying, but wanting to help the state."

He said both Stephen Gibson and Garnett agreed "it was calm, they were both talking" and that Garnett said he was never pushed.