Murder defendant expected to take stand in trial

Gary Lamont Hayes of Havelock is expected to testify next week that he pulled the trigger of a 12-gauge shotgun, pumping three shots into Odell Foster Jr. of Harlowe.

A jury was chosen Tuesday for the first-degree murder trial of Hayes, who is charged with killing Foster in April 2008 in Havelock.

Hayes, 25, is a former Marine, and his wife is a Marine deployed to Iraq. His appointed lawyer, Walter Paramore III, told a group of potential jurors Tuesday afternoon that his client acted in self-defense and that his client’s case is about his mental condition at the time of the killing.

"Mr. Hayes will explain why the shooting happened," Paramore said.

Paramore said his client had "diminished capacity" at the time of the shooting outside the Bayside Restaurant in Havelock.

"He was not insane and he is not incompetent to stand trial," Paramore said.

A full day was devoted Tuesday to selecting the 12-person jury and two alternates. Superior Court Judge Ben Alford continued court until just after 5:30 p.m. to seat the panel and keep the more than 100 potential jurors who weren’t chosen from having to return today.

Paramore quizzed the potential jurors about alcoholism. He asked them if there was alcoholism in their families. The use of alcohol is expected to be part of Hayes’ defense.

The trial is expected to last into next week, with no court on Veterans Day.

The state will offer a host of witnesses, including State Bureau of Investigation experts and people who saw the shooting.

District Attorney Scott Thomas and Assistant District Attorney Ann Kirby are prosecuting the case. A number of potential jurors said they know Thomas. One man said he voted for him as either a former state senator or district attorney. Those who knew Thomas or Paramore, a New Bern native, were examined closely to ensure that knowing the lawyers would not affect the court’s ability to conduct a fair trial.

If convicted, Hayes faces life in prison without parole. Opening statements are expected Wednesday morning.

An autopsy showed that Odell Foster died of three gunshot wounds — one to the chest and two below the waist.

Police heard gunshots in the Bayside parking lot in April 2008, saw two cars speed away and arrested Moises H. Rodriguez and Hayes on Pineview Road. Rodriguez, who pleaded guilty to accessory after the fact of murder, was released from jail and given credit for time served. He is also expected to testify for the state.

Foster was put in a car by friends and driven to Carteret General Hospital, where he was pronounced dead.