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6:06 PM Thu, Nov. 15th

Murderer's future in jury's hands

Defense contends McGee is insane

KINGMAN - Prosecutor Greg McPhillips and defense attorney Carlene Lacy made closing arguments Thursday in the murder trial of a Golden Valley man, who is claiming insanity as a defense.

The fourth day of the trial of Jack Darrell McGee, 23, ended with Mohave County Judge James E. Chavez dismissing the jurors following arguments and told them they would reconvene today to receive their jury

instructions, and hopefully, come to a verdict.

McPhillips first addressed the jury, repeatedly saying that it isn't OK to kill a person for revenge, as he argued that McGee did, even if you have a mental disease. McPhillips argued that the jurors should use common sense and come to the conclusion that McGee knew he was breaking the law.

"Against the law means wrong ... that's just common sense," McPhillips said.

Lacy did not contest that McGee committed the murder of Billy Dewayne Carlton Jr., 26, of Golden Valley, but argued that McGee was insane. She countered McPhillips' argument that McGee knew he was doing wrong because he threw the murder weapon over Davis Dam.

"Jack McGee is crazy, not stupid," Lacy said. "Jack McGee is insane, not stupid."

Lacy went on to argue that in McGee's mind, killing Carlton Jr. was illegal but not wrong. Lacy said McGee felt he had to murder Carlton Jr.

The jury's ruling will determine if McGee goes to prison or a state mental hospital for treatment. If he is ruled insane, he will remain in the hospital until deemed competent, at which time he'll go to prison for the rest of his sentence. If he is not ruled competent, he will remain institutionalized until the end of his sentence.

Lacy said as an alleged paranoid schizophrenic, McGee imagined an elaborate gang rape that he thought was real. She added McGee said he heard voices saying he must kill Carlton Jr., who he imagined as one of the individuals involved with the rape.

With the guilty but insane defense, the case will require two standards of truth to be determined. McPhillips must prove that McGee is guilty of the crime beyond a reasonable doubt, while Lacy must prove McGee is insane by highly probable evidence.

McGee is charged with murder, two counts of aggravated assault, one count of drive-by shooting and one count of discharging a firearm at a residence. He pled not guilty at his arraignment on Oct. 21, 2005, and is currently being held without bond.

The drive-by shooting and discharging a firearm at a residence charges were related to an incident occurring on July 15, 2005, at the home of John Carlton, the brother of the man McGee is accused of killing.

Mohave County Sheriff's Office deputies responded to a shots fired call at a residence in the 5700 block of Abrigo Drive on Oct. 4, 2005. Upon arrival, they found two male victims with gunshot wounds.

Carlton was pronounced dead at the scene and Jim Neal McGee of Kingman was transported to Kingman Regional Medical Center and later University Medical Center in Las Vegas.

The deceased victim's father, Billy Dewayne Carlton Sr. of Golden Valley, also was fired at but not hit.

Bullhead City Police stopped McGee because the vehicle he was in matched the description of the vehicle in an attempt-to-locate broadcast by the MCSO. McGee had a handgun in possession but later admitted in an interview he dumped the gun used in the incident over Davis Dam. McGee also admitted during the interview to shooting at the three men.