Jurors Hear Closing Arguments

Last updated on Monday, August 20, 2018

(BEDFORD) - Jurors started their morning listening to closing arguments in the murder trial of 23-year-old Evan Schaffer in Lawrence County Superior Court I.

Schaffer is accused of murdering 25-year-old Justin Lampkins at the Bedford McDonald's drive-through during the early morning hours of April 23, 2017.

Schaffer, of Orleans, is also facing charges of pointing a firearm, carrying a handgun without a license and battery resulting in bodily injury.

Lawrence County Prosecutor Michelle Woodward told the jury that Schaffer's stated claim of self defense doesn't fly. She told the jury Schaffer started a fight with "someone who was going to kick his ass."

She says Schaffer was not mad over someone honking a car horn, but mad because Lampkins had "challenged his manhood."

Woodward told the jury "the defense is the one with tunnel vision" and were shifting the blame of what happened on Lampkins.

Woodward also told the jury that the only focus Schaffer had was to hurt Lampkins.

"He had complete laser focus on Justin Lampkins," Woodward told the jury. "His (Schaffer's) force was not reasonable or necessary.... He provoked this fight."

Woodward asked the jury to look at the whole picture - the four plus minutes in which the confrontation and the murder of Lampkins took place. The murder was captured on the security video at McDonald's and was played numerous times during the trial for the jury.

"Look at the core of the witnesses' testimonies," she added. "There may be a misstep here and there, but the core remains the same."

However the defense team of Lawrence County Chief Public Defender David Shircliff and Defense Attorney Jennifer Schlegelmilch says it is a clear case of Schaffer acting in self defense and the video proves that.

Schlegelmilch told the jury Schaffer had every right according to the law to protect himself.

"The law clearly states we can use deadly force to protect ourselves," she added.

She listed out the events that happened that deadly morning.

Someone honked a horn
Schaffer confronts Lampkins after he admits to honking the horn. Schaffer testifies he reached into Lampkins' truck window and grabbing him by the shirt. Dr. Jacobi testified there were no injuries to Lampkins face, so Schaffer could have never punched him like witnesses testified to.
Lampkins blood alcohol confirms he was drinking at least two hours before he died.
He was mad. He had lost $1,500 that night at the French Lick casino before going to McDonald's.
His girlfriend Jennifer Patterson testified she had to hold him back to keep him from going after Schaffer after he left Lampkins' truck.
Bedford Police officers ignored or changed information. They failed to record the number of minutes or feet that Schaffer retreated from Lampkins after he exited his truck with a tire knocker.
Bedford Police officers inserted their own feelings and emotions into the investigation.

"They decided the outcome before investigating the facts," Schlegelmilch stated. "The strongest piece of evidence it the video. Do we have the right of self defense or don't we?"

Chief Public Defender David Shircliff told the jury they were the most important people in the courtroom.

He told the jury evidence doesn't lie and Dr. James Jacobi testified Lampkins suffered no injuries to his face.

He claims the video shows that Schaffer had backed down.

"It was Justin yelling out of the truck - come here, come here I got something to tell you," Shircliff said. "At that point Evan Schaffer was no longer engaged. It was Lampkins after the initial confrontation yelling where's my gun, where's my gun. I am going to shoot this guy."

But Shircliff says Lampkins doesn't have his gun so he pulls the tire knocker and jumps out of his truck and approached Schaffer.

Shircliff says Schaffer never pulled his gun until he was confronted with the tire knocker and then he just points down at his side.

That is when Lampkins says "If you are going to pull a gun on a Marine you better use it," Shircliff told the jury.

From the point Lampkins approaches Schaffer with the tire knocker he pushes Schaffer back 33 feet before Schaffer fires the gun striking Lampkins in the heart.

"17 feet of that is with Justin with a vice grip on Evan Schaffer's throat." he added. "Justin is leaned forward with his hand on Evan's throat when the shot is fired."

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