Prosecution, defense rest cases in Damon White murder trial

Prosecutors and defense attorneys are set to make their closing arguments in the murder trial of Damon Willie White after resting their cases Thursday, Aug. 18.

White, 36, is charged with first-degree murder and first-degree arson, accused of killing his ex-wife, Thelma Wynn, then stabbing himself and setting her Columbia apartment on fire on Sept. 7, 2010. The Long Reach resident, 37, had been stabbed 103 times, prosecutors said.

Among those prosecutors called to the stand two days after witness testimony began were White's sister and the lead police investigator for the case. Shanika White said she had received a phone call from her brother the morning of Wynn's death. On a voicemail, he said he loved her and asked her to take care of his kids.

After the prosecution rested, defense attorney Mary Pizzo unsuccessfully asked Judge Richard S. Bernhardt to acquit White on all charges. Pizzo argued that the killing was not premeditated and did not meet the criteria for first-degree murder and said starting the fire wasn't arson because White did not maliciously intend to harm others or their property.

She also said prosecutors even failed to prove second-degree murder, particularly whether White had intended to kill Wynn. "There was an intent to do damage. Whether it was to kill is not in the evidence," she said.

Bernhardt denied the defense's motions.

White's attorneys subsequently called just one witness: a case manager with Saiontz & Kirk, a law firm that handles automobile accidents.

In its opening statement Tuesday, White's defense team had argued against the murder being premeditated, pointing out that White had an appointment to see a physical therapist the afternoon of Wynn's death. Saiontz & Kirk staff had spoken on the phone with White earlier that morning to set up the appointment, the case manager testified.

The appointment was for 3 p.m. Firefighters arriving on Majors Lane about 20 minutes before that had found Wynn dead and White unconscious and bleeding.

The trial was scheduled to resume Friday morning.