Tearful James tells about killing friend

Copyright © 2008
Gallup Independent
By Phil Stake
Staff writer

GALLUP — Brenden James used handfuls of Kleenex to dry the corners of his eyes and responded with a weepy voice when he took the stand Thursday during his trial for first-degree murder.

James, 21, is accused of shooting Kevin Begay in the early hours of May 31, 2007. Begay was 19 years old.

At this point in the trial the question is no longer whether or not James shot Begay. Defense attorney Gloria McCary stated that James did in fact shoot Begay during her opening statement Tuesday. The reason James shot Begay is left for the jury to decide, and will determine the severity of his conviction.

If the jury finds him guilty of first-degree murder, as is the prosecution’s intention, he will face a life sentence, which in New Mexico means 30 years. First-degree murder is defined as “willful and intentional” murder, as opposed to a crime of passion, one of spontaneous fear or anger, which defines a second-degree murder conviction. Second-degree murder is punishable by up to 18 years in prison.

James testified that on the night of the shooting, Begay became angry. He said that he and Begay, along with two other friends, had been “cruising around getting drunk and stuff, smoking pot,” when they decided to visit Unit 60 at Piñon Hills apartments, the home of Vanessa Nelson.

When the rest of the men left Nelson’s second-floor apartment to wait in the car shortly after midnight, Begay lingered in order to court Nelson.

Begay finally walked downstairs and crossed the parking lot toward the parked car. James said “he was mad and stuff,” and that he grabbed James’ T-shirt. James said that he thought he saw Begay swinging a knife, which prompted him to turn and shoot Begay through the chin with a .380-caliber, semi-automatic handgun.

“If Kevin hadn’t grabbed your shirt and been angry, would you have shot him?” defense attorney Vincent Martinez asked James.

“No, sir,” James replied.

“Why did you bring a gun,” prosecutor Jim Bierly asked during cross-examination.

“Because I know how (Begay) gets,” James said.

Asked why he felt threatened by Begay, James said he knew Begay to become violent when he was angry and that he had seen Begay “stick” people with a knife. Bierly pointed out that Begay had never been arrested for stabbing anyone. James said Begay had stabbed Eric Livingston, sending the prosecution searching for Livingston, to garner his testimony in order to either prove or disprove James’ testimony.

Another point of dissension regards James’ relationship with Vanessa Nelson.

The prosecution aims to prove that James had made advances toward Nelson and she had thwarted them and taken an interest instead in James’ long-time friend, Kevin Begay. If the jury decides that James did in fact attempt to court Nelson, it could go a long way toward finding motive to murder Begay.

James testified that he had never made advances toward Nelson and didn’t care that Begay and Nelson remained upstairs “kissing and holding each other and stuff,” when the rest of the men left Nelson’s apartment. This sent the prosecution searching for Nelson to take the stand, for a second time, as a rebuttal witness.

Defense attempts to prove that Nelson’s presence had no bearing on James, and that his actions were those of an intoxicated, frightened young man.

The trial is expected to end with closing arguments today.