ASHEBORO — The jury in the murder trial of Michael Isaac Russ found the defendant guilty of second-degree murder Tuesday morning and eventually sentenced to 20-25 years in prison.
Russ, 40, of 4511 Colonial Circle, Trinity, was charged with murdering Larry Wayne Campbell, 27, of Denton, on Dec. 22, 2017.
Campbell, a father of three, was shot and killed in a parking lot outside BBQ Joe’s Country Cooking, 4873 N.C. 62, Trinity.
As in previous days of the trial, the courtroom was filled with emotional supporters when the verdict was read Tuesday.
There were no audible reactions from the victim’s family and friends, or from Russ’ supporters, when the words “guilty of second-degree murder” were read aloud.
Instead, a look around the courtroom revealed solemn expressions from both parties, neither having heard the verdict they most wished to hear.
The jury, which began deliberation Friday afternoon, was given the option to find the defendant guilty of first-degree murder, guilty of second-degree murder or not guilty by means of self-defense.
Russ, who maintained a neutral expression following the reading of the verdict, was also found guilty of possession of a weapon of mass death and destruction, possession of methamphetamine, speeding in excess of 15 mph more than the speed limit and reckless driving.
Russ receives sentencing
After the verdict was announced shortly after 10:30 a.m., the court turned its attention to sentencing.
The jury was asked to leave and the defendant was briefly escorted out of the room, returning minutes later with shackles around his ankles that the jurors would not be able to see.
In order for a prison sentence to be determined, the jury must first determine if an aggravating factor exists by answering the following question:
Did the defendant knowingly create a great risk of death to more than one person with means of a weapon or device which would normally be hazardous to the lives of more than one person?
Both the defense and the state were given an opportunity to address the jury on the existence of the aggravating factor before they were tasked with deliberating.
Defense Attorney Thomas Manning, representing the defendant, read the jury the aggravating factor and explored how the state might try to persuade them to believe it existed and how they might determine it did not.
“You found the defendant did not act in self defense,” Manning said. He explained that determination did not mean they couldn’t deny the aggravating factor.
The state was given the chance to speak following brief remarks by Manning.
“This happened at BBQ Joe’s — a public place,” King Dozier, who is prosecuting the case, told the jury.
Dozier pointed out that Russ fired at least seven times and that those shots were aimed in the direction of NC Highway 62.
The prosecutor added that it was “by the grace of God” that the shots fired did not strike a car driving by the shooting.
“He created that risk by slinging lead where people might be — that’s why this aggravating factor applies,” Dozier said.
Superior Court Judge Bradford Long read the law to be applied to the jurors’ deliberation of the existence of the aggravating factor.
During their deliberation, the jurors asked to review aerial photos and photos of the scene on the day of the shooting from BBQ Joe’s.
By 4 p.m., the jury had become “hopelessly deadlocked on the existence of an aggravating factor.” Judge Long proceeded on to sentencing, despite the juror’s inability to unanimously reach a decision.
Russ was sentenced to no less than 240 months and no more than 300 months (20-25 years) in the N.C. Department of Corrections.
As he was led out of the courtroom, Russ turned to his family and friends to say, “I love you guys.”
The victim’s family responds
Though it might not be the preferred verdict, “He’s not out walking free so we do feel like justice has been served,” said Pamela Rutkowsky, Campbell’s aunt.
Following the sentencing, Campbell’s family and supporters gathered in the District Attorney’s office at the Randolph County Courthouse.
Rutkowsky spoke for the entire family when she described how emotional sitting through the multi-week trial had been for them all.
“It was like having to relive his death, but worse, in some ways,” she said. “We had to hear about the last sounds he made. We had to see the pictures and videos.”
But, Rotkowsky added, “We also got to meet some amazing people who tried to do everything in their power to save (Larry’s) life … they tried to save somebody they never even knew.”
To the man that took Campbell’s life, they don’t have much to say, but to his family, they offer their condolences.
“Seeing the shape his dad has been in has broken our hearts,” Rotkowsky said.
Diane Coe, Campbell’s mother, said, “I do want them to know that all of us hate it for what his family is going through, but not for Michael Russ.”
Coe, along with the rest of Campbell’s family, wished to express their thankfulness for the District Attorney’s office.
“The DA team has done one heck of a job. They put their heart, soul and everything into this trial. I really appreciate the work they did,” Coe said.
“If I could say one thing to Russ,” Glenna Campbell, sister of the victim, said, “it would be, not only did he take my only sibling — he took the father to my niece and nephew. They’ll never know him. (Russ) got exactly what he deserved.”
“Larry was not a rich man,” Rotkowsky said, “but he was a hard-working man who would bend over backwards for his family and friends. He was the one everybody called. He was the light of our famil y… that light was put out on Dec. 22, 2017.”
Source: Courier-Tribune