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Murder suspect removed from Raleigh courtroom after outburst

Posted August 13, 2013
Updated August 15, 2013

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— A Holly Springs man on trial for second-degree murder had to be forcibly removed from a Wake County courtroom Tuesday after he yelled at the prosecutor during closing arguments.

Samuel Gideon is accused of stabbing Eleazar Herrera to death after encountering him at the scene of a car crash on New Hope Road on Jan. 15, 2012.

Herrera, 20, was with his cousins on their way home the morning of the crime when they noticed a wrecked GMC Envoy and stopped to help. Police said there was some kind of argument, and Herrera was stabbed.

In closing arguments, defense attorney Tommy Manning said Herrera was not the good Samaritan he has been portrayed to be. He said Herrera was drunk and angry when he confronted Gideon and another man, Christopher Todd Rochelle, because he thought the pair had nearly hit his car.

“You want some of this?” Manning said, repeating what Herrera allegedly said to his client. “Those aren’t the words, those aren’t the gestures of a Good Samaritan.”

Gideon “has testified that he thought he was going to get the crap beat out of him or get killed,” Manning said.

But the state argued the slaying was not in self-defense. Prosecutor David Saacks said Gideon and Rochelle had weapons; Herrera did not.

"If someone hits you, you’re not entitled to kill them,” Saacks said. Samuel Gideon Defendant in Raleigh murder case yells at prosecutor

At one point, Gideon became enraged and yelled at Saacks during his closing.

“You want a conviction,” he said, getting out of his seat. “I was there. I had a green coat on. Take me out of here. I had a green coat on.”

After Gideon was taken out of the room by deputies, Saacks told the jury to disregard the outburst.

“Don’t worry about that,” he said. “Focus on the process.”

Manning requested Gideon be placed in restraints when court reconvenes Wednesday. The jury should begin deliberations then.

Rochelle is also charged in the case. His trial has not begun.

24 Comments

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  • mckangst Aug 14, 2013

    Regarding the "green coat" comment. After reviewing as much information as I can about the case, this appears to be some reference to gang colors? He's saying the color of his coat prompted gang-related antagonism I think?

  • Paul Parker Aug 14, 2013

    I've lost count of how many times the prosecutor has factually misrepresented the law in just the first 5 minutes of his closing arguments!

  • Paul Parker Aug 14, 2013

    North Carolina is NOT a Stand Your Ground of Castle Law state. If you use deadly force, you will be charged. Convicted? That is up to the jury.
    Get-A-Clue-America
    August 14, 2013 10:52 a.m.

    North Carolina most certainly IS a stand your ground state! North Carolina General Statutes § 14-51.3 http://law.onecle.com/north-carolina/14-criminal-law/14-51.3.html

    junkmail5, actually NC Law protects you ANYWHERE YOU HAVE A LAWFUL RIGHT TO BE (see above referenced law), NOT just in your home, workplace or automobile.

  • Lightfoot3 Aug 14, 2013

    "Is the prosecutor not telling the truth?" - paulej


    The prosecutor is being unethical and deceiving.


    "The real lesson learned here is to move on, don't stop unless you know the people. Call 911 with a cell phone and keep it moving to avoid trouble." - Bartmeister


    Exactly!!!

  • junkmail5 Aug 14, 2013

    North Carolina is NOT a Stand Your Ground of Castle Law state. If you use deadly force, you will be charged. Convicted? That is up to the jury.- Get-A-Clue-America

    false.

    Your source is over 3 years out of date.

    It's ABSOLUTELY a castle doctrine state- you won't even be charged for it.

    http://www.digtriad.com/news/article/290516/1/Explaining-North-Carolinas-Castle-Doctrine

    "North Carolina's Castle Doctrine protects people in their home, workplace or automobile. It allows a person to use defensive force, including lethal force, if they have a reasonable sense of fear of serious bodily harm in their home, workplace or car. North Carolina law does not require the person to retreat before using deadly force"

  • Alexia.1 Aug 14, 2013

    So who REALLY knows the law here? If somebody were to punch me in the face and threaten to kill me, if I had a weapon on hand, I most certainly would use it to defend myself. What kind of person would just "take it" (having your nose broken, teeth knocked out, or killed)?

    A person ABSOLUTELY should have the right to defend himself.

    Is the prosecutor not telling the truth?

  • DontVote4LiarsCheatsOrThieves Aug 14, 2013

    Get-A-Clue-America - "North Carolina is NOT a Stand Your Ground of Castle Law state. If you use deadly force, you will be charged. Convicted? That is up to the jury.
    http://redensign.wordpress.com/2010/05/27/castle-law-stand-your-ground-2/"

    NC is.

    Your reference is old.

    The law was passed 12/1/2011.

  • DontVote4LiarsCheatsOrThieves Aug 14, 2013

    heard-it-all-before - "...a good way to expedite the um, decision.making.process, is be forcefully ejected from your own murder trial for shouting at the prosecutor"

    Indeed, and so stupid to boot!!!

  • heilama2003 Aug 14, 2013

    NC is a Stand Your Ground state as of December 1, 2011. And as as the comment regarding Herrera being intoxicated, nobody knows. Is a bias comment.

  • heard-it-all-before Aug 14, 2013

    well, regardless of whodunnit (i'll leave that decision for you peanut gallery), a good way to expedite the um, decision.making.process, is be forcefully ejected from your own murder trial for shouting at the prosecutor

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