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No verdict after first day of deliberations in Bosley murder trial

The jury did not reach a verdict on the first day of deliberations in the murder trial of Robert Theodore Bosley, a New Windsor man accused of killing Kandi Gerber in August.

The case went to the jury Tuesday afternoon after 4 1/2 days of testimony and arguments. The jury deliberated for about three hours, 45 minutes before adjourning. They are expected to resume deliberations at 9 a.m. Wednesday.

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Jurors are tasked with determining whether to convict or acquit Bosley of first-degree murder, first-degree assault, conspiracy to commit first-degree murder and conspiracy to commit first-degree assault, among other charges.

Prior to beginning deliberations Tuesday, jurors heard closing arguments from the state and the defense, as well as instructions from Circuit Court Judge Barry Hughes.

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The state is arguing that Bosley killed Gerber on Aug. 8. Circuit Court Chief attorney Allan Culver called Gerber's death "brutal, vicious and senseless" during closing arguments.

The defense is arguing for voluntary manslaughter. Bosley's attorney, Joseph Murtha, said that something happened in the basement that resulted in Gerber's death, but it was not premeditated murder.

Culver told the jurors that they've seen how 2000 Dennings Road became a nightmare for the residents who lived there, including Gerber.

"What we're left with is she did it to herself. Really? That's what we're left with?" Culver said.

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Gerber did not kill herself, Culver said, referring to statements Bosley made during a videotaped interview with Carroll County Sheriff's Office detectives that was shown during the trial. Evidence doesn't show the blood splatter that Bosley described, Culver told the jury. There was also the testimony of the assistant medical examiner, Dr. Melissa Brassell, who said it was not a suicide, Culver said.

"This was more than one slash to the throat. This was not a suicide," Culver said.

He asked that the jury find Bosley guilty on all counts.

"He beat Kandi Gerber. He strangled her. He cut her throat 12 times," Culver said.

Murtha told the jury that his client had something to do with Gerber's death, but when Bosley went to the Dennings Road residence on Aug. 8, he did not want to kill her.

"And something terrible went wrong after that. And no one knows what happened," he said.

Closing arguments for both sides boiled down to two questions for the jury to determine: Did Bosley plan to kill Gerber and did he make an agreement, informal or formal, with Bret Michael Wheeler to kill Gerber?

Bret Michael Wheeler, alleged co-conspirator in the August death of Kandi Gerber, was found guilty of criminal contempt after he refused to testify Monday

Wheeler is also charged in Gerber's death and is scheduled to appear in court on May 15 for his own trial.

Murtha conceded to the jury that Bosley acted in a way that his actions caused the end of Gerber's life. But it wasn't planned, and it could have been in self-defense, based on Bosley saying she came at him with a blade.

Based on the jury instructions, if the jury decides that Bosley used an unreasonable amount of force based on belief that he was in danger, even if that belief is unreasonable, they should find him guilty of voluntary manslaughter.

Manslaughter is punishable by up to 10 years in prison and $500. First-degree murder is punishable by life in prison, according to Maryland charging language.

What if Gerber threatened to commit suicide and held the blade to her throat, Murtha asked the jurors, but instead of killing herself, she became irate and came after Bosley?

"Why is that theory any less valid than the theory that the state has offered?" Murtha asked the jurors.

Bosley's actions don't suggest a plan, Murtha said. Bosley allegedly lured Gerber back to the residence when he could have taken her anywhere, he went to his ex-mother-in-law's house and he continued to loop Bradley Merrell in, Murtha said.

"If there was a plan, it was a really bad plan," Murtha said.

There's also the reason for Bosley to come to the Dennings Road address, Murtha said, adding that residents Lindsay Ulsch and Jeffrey Turco said that Bosley told them he was planning to evict Gerber, which is why he needed them to take a young boy out of the house. Bosley also called Merrell to come assist with evicting Gerber, Murtha said.

The state asked the jurors to fill in gaps and make an inference, Murtha said, adding that they should not.

"Because [the state] says it's so doesn't make it so," he said.

But intent can be inferred. A person intends the natural consequences of their actions, Culver told jurors.

"By all means, you infer what you think something means," he said.

On Aug. 8, Robert Theodore Bosley went to his residence at 2000 Dennings Road in New Windsor to confront a woman he believed called to report him in violation

Culver told the jurors to look at the evidence provided in the case. There was blood all over the basement floor, suggesting Gerber was low when she was killed, not upright as if she killed herself or came at Bosley, he said.

"Her injuries really speak volumes," he said.

He asked that they looked at each action and the thought that went behind it. Culver also referenced the statement made by Ricky Lee Smith, a fellow inmate on work release, who testified Friday that Bosley said that if it was who he thought it was that made the call to say he was violating his work release, he was going to "kill that b----."

In a vacuum, the statement might not hold much weight, but it did in light of the other evidence, Culver said.

"This was a willful, deliberate, premeditated murder carried out by Robert Bosley, and you need to find him guilty on all counts," Culver told the jurors.

heather.mongilio@carrollcountytimes.com

410-857-7898

twitter.com/hmongilio



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