Murder trial:

Jury expected

to deliberate Tuesday
By Melanie Davis
melanie@mountaintimes.com

Closing arguments were heard in Superior Court Monday afternoon in the capital murder trial of Neil Matthew Sargeant, 26.

The jurors will receive the instructions on the law from Superior Court Judge Robert Payne Tuesday morning and begin their deliberation of Sargeant’s innocence or guilt.

Sargeant is charged with first-degree murder, first-degree kidnapping, robbery with a dangerous weapon and burning of personal property in connection to the death of Appalachian State University student Stephen William Harrington, 19.

The trial began on April 7 with jury selection lasting one week. District Attorney Jerry Wilson and Assistant District Attorney Charlie Byrd presented evidence on behalf of the state throughout last week, ending Friday morning.

Defense attorney’s Garland Baker and Mark Killian presented evidence on behalf of Sargeant Friday afternoon and Monday morning.

Harrington’s body was discovered at 7:45 on the morning of Nov. 8, 2005 in the trunk of his Subaru parked on Sleepy Hollow Lane in the Foscoe community. His arms were bound behind his back, and his face wrapped in duct tape. Harrington’s body had been set aflame in the trunk of the car.

The state medical examiner determined the cause of death to be asphyxiation due to the duct tape over his mouth and nose.

The defense attorneys’ have attempted to prove Kyle Quentin Triplett, 23, one of the co-defendants in the case, acted on his own accord and that Sargeant had very little involvement in the events leading up to Harrington’s death and the disposal of the body on Sleepy Hollow Lane.

The prosecution team has attempted to prove Sargeant’s involvement and active role in the murder of Harrington.

Triplett was called to testify Friday by the prosecution. He testified that he played an active role in the robbery, kidnapping, murder and burning of personal property in the death of Harrington. Triplett contends, however, that he did so at the direction of Sargeant.

Triplett entered into a plea agreement with the prosecution during his mid-September trial. He pleaded guilty to second-degree murder, a lesser offense, first-degree kidnapping, robbery with a dangerous weapon, burning of personal property and conspiracy with Sargeant to sell and/or deliver a schedule II controlled substance (cocaine). He was sentenced to a minimum of 40 years in prison without the possibility of parole.

Matthew Brandon Dalrymple, 22, the third co-defendant in the case, was called by the defense Friday afternoon. He refused to answer any questions on the advice of his attorney to avoid self-incrimination.

During Triplett’s mid-September trial, Dalrymple had entered into an agreement with the prosecution to testify in exchange for removing the possibility of the death penalty. Dalrymple refusal to answer questions does not negate that agreement. The agreement specifically states truthful testimony is to be given “if called upon by the state to do so.” The defense is not included in that agreement.

Dalrymple will not face the death penalty.

As a result of Dalrymple’s refusal to answer questions, the defense made a motion to enter the written statement made by Dalrymple in early September prior to Triplett’s trial. That motion was denied by Payne during Monday’s court proceedings on the basis of trustworthiness.

There were sentences within the statement, which have not been proven through prior evidence, such as an assertion that Dalrymple saw Harrington’s Subaru in flames both interior and trunk.

Also, Dalrymple would not be available for cross examination in the event that the written statement was allowed.

The jury was set to hear instructions beginning at 9:30 a.m. Tuesday and immediately begin their deliberation. The instructions include the definitions of the charges, expert witnesses, burden of proof, and other factors such as the terms “acting in concert,” “aiding and abetting” and conspiracy.

Log on to WataugaDemocrat.com for the latest updates including the jury’s verdict.