Local News

Testimony Continues In Raleigh Man's Murder Trial

Posted November 7, 2006 4:29 a.m. EST

— Testimony continued Tuesday in the murder trial of a man accused of killing a retired schoolteacher outside her home.

Ezavia Allen, 19, is charged with first-degree murder in the April 28, 2005, shooting death of Shirley Newkirk, 63.

Raleigh police said Allen, along with two other men, Cameron Morris and Marvin Johnson, were on a robbery spree when they encountered Newkirk outside her home on Dacian Road that morning.

On Tuesday, Johnson told jurors about the hours leading up to the crime. Newkirk's friend and walking partner, Maruice Mial, also testified. She said Newkirk had called her to tell her she was leaving the house that morning, but that Newkirk never arrived at the park where they walked.

On Monday, witnesses testified they were robbed at gunpoint by three men in red bandanas the days and weeks before Newkirk's death.

Allen's attorney, Mike Klinkosum, said Newkirk's shooting was not premeditated and that Allen did not mean to kill her.

Last month, Allen admitted in court to a lesser charge of second-degree murder. The admission, however, is not a legal plea, and if convicted of first-degree murder, Allen could face the death penalty.

If convicted of second-degree murder, Allen could get no more than 40 years in prison.