“He thought he could go with a stun gun and a starter pistol to Mr. Newman’s home and get his money,” said Gladden in closing.

Gladden acknowledged that Lackey could not plead self-defense in killing Newman because Lackey originated the action that led to Newman’s death, however, he said Lackey was justified in trying to prevent his own death.

“Was there a robbery? No. Was there a burglary? There was obviously an entry into a house that was not forced, but when Mr. Lackey struggled for his own life, the burglary was pretty much over,” said Gladden.

“It pains me to say it, but did he commit intentional murder? Yes. But did he commit capital murder? No. The robbery was over; the burglary was over. Mr. Lackey was trying to save his life.”

“I’m not trying to muddy the waters here. I’m asking you to find my client guilty, but guilty of murder, not capital murder.”

Valls in her closing argument read from the transcript of “chats” retrieved from Lackey’s computer hard drive in which he uses the screen name “Jacob” and tells a person in England, “Damien,” days before the attempted burglary and the murder that “I don’t have the balls to do it. I love money more than life itself, but I can’t off an old man.”

In the retrieved chats “Jacob” also tells “Damien” at one point that he has been “monitoring the old man’s mailbox” and found that he had received just one card on his 80th birthday, and that it wasn’t from a family member. He expresses temporary sympathy for the old man and says although he has spent thousands of dollars in equipping himself with items such as a stun gun and night vision goggles, he is not going to do the job.

Worried about money

But then in a few days after some apparent reversals of fortune on his job as an online trader on the auction site e-Bay, Jacob tells Damien, “I’m going to do the raid so I don’t have to worry about money again.”

The prosecution always goes first in closing statements, but is allowed to respond to the closing statements of the defense.

In Valls’ answers to Gladden, she cautioned the jury against thinking of Lackey’s mental problems as an “excuse” for murder. She said Lackey could have stopped after stabbing Newman once or twice and ran out of the house, but a pathologist testified that the victim was stabbed and cut 70 times and shot once through the chest.

“How far will we take excuses?” asked Valls. “Lackey was p——d off because Mr. Newman shot him. He made sure he’d kill him and kill him good. This is no place for pity. I ask for justice—justice for Charlie Newman.”