a sick obsession

BATAVIA - Charles G. Martin shot his 15-year-old neighbor after the boy stepped on his lawn, but the Union Township man is not guilty of aggravated murder, his defense attorney said Wednesday during the first day of a Clermont County trial.

The death of teenager Larry D. Mugrage Jr. wasn't a cold-blooded killing, said defense attorney R. Scott Croswell III. Rather, it was the culmination of five years of "systematic harassment of an old man" that boiled over on March 19 last year.

Martin, 67, was obsessive about his yard, Croswell said in an opening statement. Repeatedly, Martin asked neighborhood kids not to trespass on his lawn, which he mowed five times a week.


It was a dream house for Martin, who had previously lived in apartments, Croswell said. Martin bought the home for $84,000 in 2000 after retiring from the Ford Motor Co., where he worked for 30 years.

But neighborhood kids regarded Martin as strange, Croswell said, and repeatedly called him a degrading name.

Martin felt violated every time kids said that, Croswell said.

Clermont County Assistant Prosecutor Kevin Miles told jurors that about 11:55 a.m. on the day Larry was shot, Martin and the boy exchanged harsh words.

When the teenager stepped onto Martin's front yard while on his way to play basketball at a friend's house up Hawthorne Drive, Martin rushed out and yelled, "What the hell do you think you're doing?"

Miles said Larry replied: "(Expletive) you."

Then, Miles said, Martin told the boy: "I'm going to go load a gun and kill you."

Thomas "T.J." Ward, 15, was walking with Larry at the time, he testified Wednesday.

There was a car coming up the street, so the boys stepped into Martin's yard, T.J. said.

He recalled Martin saying to Larry: "If you want to play games, we'll play games. I'll kill you."

T.J. said Larry replied: "Bring it, old man."

About 3½ hours after the confrontation, when Larry was walking in the street on his way home, Martin emerged with a shotgun, Miles said.

Lonnie E. Hibbs Jr., 16, who lived two houses up Hawthorne Drive from Martin, testified that he heard the first shot and saw the man fire the second shotgun blast.

Larry ended up on the ground, just a few feet from the front door of the Mugrage home, Lonnie said.

Even before jurors were sworn in, the defense attorney told them that Martin had shot Larry to death.

"My client, Charles Martin, shot and killed a 15-year-old boy - now that's a fact," Croswell said.

When the six men and six women seated in the jury box were asked by Croswell if they nonetheless thought Martin was entitled to a fair trial, each indicated yes.

After Croswell told them the jury might have to look at some "horrific pictures" - apparently of Larry's body - all indicated they would be able to examine such evidence.

A freshman at Glen Este High School, Larry was hit by two slugs from a .410 shotgun, Miles said.

The first wounded Larry, and he ran toward the home of his parents, Anita and Larry D. Mugrage Sr.

"Why did you do that ... ?" Larry said to Martin, Miles told the jurors.

The second blast proved fatal, piercing the boy's heart and lungs, Miles said.

Martin then called 911. A recording of the call was played for jurors.

"I just killed a kid," Martin told the 911 operator. "I shot him with a ... .410 shotgun twice. He's laying in the yard."

Aaron Knorr, who lived across the street from Larry, testified that after hearing the shots he ran out of his house to try to help the boy.

Larry was face down in a pool of blood, Knorr said.

"It was just an awful scene," Knorr said. "I rolled him over. ... His eyes were wide open ... and just a look of terror plastered on his face."

Knorr said he noticed Martin nearby.

"He just stood there and stared at us with no remorse," Knorr said. "An evil look."

The trial is to continue this morning before Common Pleas Judge William Walker.

Jurors weren't present when the judge ruled in favor of a prosecution motion to limit what the defense can say about Larry and his family.

In response to a request from Miles, the judge ruled that the defense can't mention anything about the character of Larry or his parents, or the specifics of previous disagreements the neighbors might have had.

Miles said such evidence might confuse or mislead jurors.

Croswell argued that such a ruling would hamper his defense of Martin.

Walker said he might reconsider the ruling, especially if Martin testifies on his own behalf.

In his opening statement, Croswell suggested that Martin would take the stand.

The trial is scheduled to end by Friday.

If found guilty of aggravated murder, Martin could be sentenced to life in prison without possibility of parole for at least 20 years.

Martin is being held in the Clermont County Jail in lieu of $2 million bail.