Fate of man accused in death of Home Depot worker in 2022 is now in hands of jurors
HILLSBOROUGH, N.C. (WTVD) -- The murder trial for Terry McMillian Jr., the man charged with causing the death of a Home Depot worker, Gary Rasor, in October 2022, is now in the hands of 12 jurors.
Closing arguments were presented Tuesday afternoon and jury deliberations started after the judge gave them instructions.
During closing arguments, McMillian's defense criticized investigators over a lack of timely interviews and took aim at Haikal's work on the case, saying she spoke in generalities and was swayed by law enforcement's assertion that it was a homicide.
"It is the video of a crime. It is the video of an assault. But it is not the video of a murder," said Kailey Morgan, an attorney representing McMillian, during closing arguments.
Morgan said that immediately following the injury, Rasor stood up, went to the hospital, and did not need surgery. She further highlighted his pre-existing medical conditions.
"Haikal cannot rule out the possibility that Mr. Rasor still would have had a heart attack without the injury," said Morgan.
Nieman worked to push back on criticism of Haikal, noting her 37 years of experience in the case.
"Haikal is a board-certified, licensed forensic pathologist. I would contend that it deserves more weight. The only people who are contending that her opinion is not good are lawyers representing McMilllian," said Nieman.
He acknowledged Rasor's medical condition and age, but said he was doing well physically prior to the fall, noting he held a job which included light manual labor at Home Depot.
"They can't get around the irrefutable truth. After Mr. McMillian pushed Rasor to the ground, he never walked again unassisted, he never worked again, and he never went home. Then he died on November 30th, 2022."
Separate from the death charges, the suspect is also facing a robbery charge related to the Home Depot incident.
Jury deliberations timeline
Jury deliberations began late Tuesday afternoon when closing arguments were presented by both side.
Jurors started deliberating around 4:00 p.m.and discussed it for less than an hour and sent a list of questions to the judge, including regarding a recording made by McMillian's now ex-girlfriend in which he appears to acknowledge his involvement in the incident.
They re-watched those recordings in the courtroom before going back to the jury room to deliberate, and shortly after, the court adjourned for the day.
Wednesday, the first full day of deliberations, which ended with no verdict.
Thursday morning a plea deal was made, which ended deliberations.
McMillian Jr. pleaded guilty to voluntary manslaughter and common law robbery, accepting a sentence of 97 - 129 months for his crime. The robbery charge is consolidated with the manslaughter charge. He has been in jail since early 2023 and has already served a portion of his sentence.
Voluntary manslaughter was not one of the charges jurors were given as an option during deliberations.
Closing Arguments
During closing arguments, McMillian's defense criticized investigators over a lack of timely interviews and called into question Haikal's work on the case, saying she spoke in generalities and was swayed by law enforcement's assertion that it was a homicide.
It is the video of a crime. It is the video of an assault. But it is not the video of a murder," said Kailey Morgan, an attorney representing McMillian, during closing arguments.
Morgan said that immediately following the injury, Rasor stood up, went to the hospital, and did not need surgery. She further highlighted his pre-existing medical conditions.
"Haikal cannot rule out the possibility that Mr. Rasor still would have had a heart attack without the injury," said Morgan.
Nieman worked to push back on criticism of Haikal, noting her 37 years of experience in the case.
"Haikal is a board-certified, licensed forensic pathologist. I would contend that it deserves more weight. The only people who are contending that her opinion is not good are lawyers representing McMilllian," said Nieman.
He acknowledged Rasor's medical condition and age but said he was doing well physically prior to the fall, noting he held a job that included light manual labor at Home Depot.
"They can't get around the irrefutable truth. After Mr. McMillian pushed Rasor to the ground, he never walked again unassisted, he never worked again, and he never went home. Then he died on November 30th, 2022."
How we got here
Investigators said the worker, Gary Rasor, tried to interact with the customer, Terry McMillian Jr., who may have been trying to steal equipment from the Hillsborough store.
The Hillsborough Police Department says McMillian Jr. shoved Rasor, causing him to fall. The incident was caught on store surveillance camera. Rasor was hospitalized for injuries received during the incident.
Rasor, who was 82 years old at the time of the incident, initially appeared to progress in his recovery, ultimately being moved to a rehabilitation facility. However, his condition ultimately worsened, and he returned to the hospital in November 2022, where he died at 83 years old.
McMillian Jr., of Durham, was charged with first-degree murder and robbery in the case.
Monday, the defense continued its questioning of forensic pathologist Dr. Nabila Haikal, including what documentation she reviewed in making her determinations. She was on the stand Friday and testified that the cause of death was complications of blunt force pelvic injury, with contributing conditions listed as hypertension and pulmonary emphysema.
With the jury dismissed, the defense made a motion to strike Haikal's entire testimony, describing it as "inconsistent" and "contradictory." The judge denied the motion.
The Prosecution rested its case Monday afternoon.
Closing arguments are expected Tuesday morning, and then the case will then be handed to the jury.
Terry McMillian Jr. has chosen not to testify, and his defense is not planning on calling any witnesses. If convicted, McMillian could get life in prison.
No cameras are allowed inside the courtroom; however, ABC11 Reporter Michael Perchick is allowed to observe and listen to proceedings.
Download the ABC11 App for Breaking News and Weather Alerts
Previous
On Friday, May 16, much of the testimony focused on Rasor's physical condition at the time he was pushed, as well as his recovery process.
His son Jeff testified that he learned of the news from a phone call with his stepmother. He said that before the incident, his dad was in good physical condition, able to play with his grandkids and work an in-person job, and he noted that only two years earlier, he was riding roller coasters.
The younger Rasor said that when he initially visited his father after the incident, he was in a rehabilitation facility and noted that though he was unable to walk, he appeared to be in good spirits.
However, when he visited him later in the hospital, he said it was clear his condition had deteriorated, noting he had lost weight and used oxygen tubes.
Forensic pathologist Dr. Nabila Haikal testified that the cause of death was complications of blunt force pelvic injury, with contributing conditions listed as hypertension and pulmonary emphysema.
While Haikal described those conditions as a significant natural disease, she said Rasor was functioning quite well at his baseline performance, noting he was independent and working a somewhat demanding job.
Haikal said the injury sustained from being pushed exacerbated his existing conditions. She further asserted that without the push, Rasor could have worked for several more months, possibly years.
During its cross-examination, McMillian's defense team questioned Haikal about the autopsy process, including the handling of records and timing. Separately, defense attorneys focused on the nature of his physical condition and the role that could have played in his death.
