Princeton man found not guilty of attempted first-degree murder

Jan. 12—PRINCETON — After deliberating for about five minutes, a circuit court jury found a Mercer County man not guilty Tuesday of attempted first-degree murder and other offenses relating to a January 2020 shooting incident outside a Thorn Street business.

Kaleb Starkey, 20, of Princeton was tried before Circuit Court Judge Mark Wills on charges of attempted first-degree murder, use of a firearm in the commission of a felony and five charges of wanton endangerment. Starkey was arrested soon after he allegedly went to a business on North Caperton Street, located just off Thorn Street, and shot from a moving car. One other person at the scene also fired a gun, and a shot hit a window at the nearby Amy's House of Hope.

Starkey was arrested a few days after the incident following a two-vehicle crash at the intersection of Route 460 and Locust Street.

In the state's opening argument, Assistant Prosecuting Attorney David Pfeiffer showed the jury an overhead image of North Caperton Street. Pfeiffer said that it was "a straightforward and simple case" which was "a cold and calculated attempt to take the life of Terry Joy."

Pfeiffer said that Starkey and Joy had been arguing for two to three days prior to the shooting. Both Starkey and Joy knew each other from school. On the day before the shooting, Starkey called Joy, who put his phone on speaker, and said "I'm going to kill you" and threatened to "smoke up" the shop on North Caperton Street where his uncle worked.

Joy and the other individuals at the shop on Jan. 4, 2020 were sitting around when they heard "extremely loud music" outside and left to see what was happening, Pfeiffer told the jury. They saw Starkey sitting in a black two-door car; the window was down. Starkey then "peeled out" and pointed a pistol with an extended magazine from his car's window. Shots were fired, and one of the people would have been hit if a parked car had not blocked a shot. One of the people there returned fire and a bullet struck Starkey's license plate. The bullet was later found in the trunk.

"There was no doubt that the defendant was there that day," Pfeiffe said.

Attorney Joseph Harvey, who was representing Starkey, told the jury that the argument between Starkey and Terry Joy started in August 2019 when they worked on a job together. Joy hired Starkey for the job, which was sealing an elderly man's asphalt driveway, because Starkey had an ID and could cash checks. Evidence showed that the elderly man was not happy with the job and contacted Starkey, asking either for a refund of half the money or for the job to be redone properly.

Harvey said that Starkey's mother sent the man her son's share of the money and provided the names and addresses of the others involved.

"So after this happens, these other people are not happy," Harvey said, adding that threatens including burning his mother's home, calling him "the N word" and threatening to assault his mother soon followed.

Harvey said that Joy and Starkey agreed to meet at the shop to settle the matter, but when Starkey arrived, other people were there as well.

"There's a gang of people there," Harvey stated. More threats were made and a gun was flashed. When Starkey started driving away "an entire gang of people" sprint towards him."

"Kaleb did have a gun on him that day," Harvey said. "When shots were fired, he fired back."

Harvey asked the jury to find his client not guilty.

"Evidence will show it wasn't wanton endangerment and it certainly wasn't attempted first-degree murder," Harvey said. "The shots that were fire constituted self-defense, and we ask you to find him not guilty."

One witness for the state, Henry Giberson, said he was present during the Jan. 5, 2020 shooting. He testified that he and the other people with him heard loud music outside the business. When they went outside, they saw Starkey sitting in a car with the window down. Giberson said nobody had a gun out.

"Did anyone threaten Kaleb Starkey?" Pfiffer asked.

"No," Giberson replied.

While being cross-examined by Harvey, Giberson said nobody charged at Starkey. Giberson said that he saw Starkey fire a gun, but "I wasn't trying to count" the shots.

Giberson testified that nobody fired at Starkey until he started shooting.

"What did you do once the shooting started?" Harvey asked Giberson.

"I ran," Giberson replied.

The next witness, Kenneth Skeens Jr., also said that he came outside the business when he heard loud music playing and saw Kaleb Starkey sitting in a car. Skeens told Pfeiffer that Starkey had a "black pistol" with a long magazine and a bandanna tied around his hand.

Skeens said that he had a 9-mm Glock pistol, but had not taken it out of his pocket.

"It wasn't until Kaleb pulled his gun and started shooting that you pulled out your gun and returned fire?" Pfeiffer asked Skeens.

"Yes," Skeens replied, adding in later testimony that he didn't remember how many times he fired his gun.

While being questioned by Harvey, Skeens said that nobody charged Starkey's car.

Terry Joy also testified that he heard loud music outside the business and stepped outdoors to see what was happening. He said while being questioned by Pfeiffer that he had not agreed to meet Starkey at the business.

Cross-examined by Harvey, Joy said the man that he had done a job for, sealing a driveway, with Starkey, had not asked for his money back. He testified that he had argued with Starkey and they had exchanged threats.

"When he shot at you, were you scared?" Pfeiffer asked.

"Oh yea, I had no way to defend myself," Joy replied.

Joy told Harvey that he "did not recall" threatening Starkey and did not threaten to burn down his home.

Senior Patrolman E.D. Leftwich with the Princeton Police Department testified about answering the call about a shooting at Thorn Street. The people there told him that Starkey had shot at them, and he sent them to the police department for their safety until he was apprehended. After getting permission from Starkey's mother, police searched his home and found 40-caliber and 9-mm ammunition. Other officers helped Leftwich search the scene, and shell casings and the point where a bullet struck a car was found. He also estimated that Skeens had fired four times.

While being questioned by Harvey, Leftwich said there was a "grainy' security video of the incident; the driver could not be seen.

Starkey's car was checked, and the bullet hole in its license plate and the bullet in the truck were found, Leftwich said.

In his closing statement, Pfeiffer to the jurors that the state had satisfied its burden of proof.

"Terry Joy did not hunt down the defendant," Pfeiffer said. "The defendant sought him out. Once he found him, the defendant tried to lure him out. He went to the shop that day with a gun with an extended clip. He waited with the windows down."

When Joy and the other people came outside, Starkey "whipped around" his car and started firing, he said.

"Ladies and gentlemen, he planned this and he did it intentionally," Pfeiffer said. "He lured them out."

During his closing argument, Harvey said that the witnesses' statements were inconsistent, and it was not believable that Starkey would try to commit murder "in the middle of the afternoon."

"So he was so enraged, he was willing to kill a bunch of people because he was called a rat?" Harvey asked. "Ask yourself if that makes sense."

Harvey played the security video again and said it showed how people were running at Starkey's car, not away from it, as he drove away. It did not show any of them running for cover, he added.

Since the state has the burden of proof, Pfeiffer was allowed to address the jury again. He said there was nothing to be found in the video, and witnesses said they were running for cover. Inconsistencies in testimony can be explained because the shooting occurred two years ago.

The jury deliberated for about five minutes before finding Starkey not guilty on all charges.

— Contact Greg Jordan at gjordan@bdtonline.com

Contact Greg Jordan at gjordan@bdtonline.com