Defendant takes stand in murder trial

Monday was a pivotal day of testimony in the Gary Lamont Hayes murder trial.

Hayes took the stand and admitted that he was drunk when he pumped three slugs from a .12-gauge shotgun into Odell Foster in the early morning hours of April 26, 2008, outside the Bayside Restaurant in Havelock.

Hayes also admitted to an alcohol problem and said he feared for his life from Foster and from Foster’s friends from the Harlowe community.

Hayes also reached out to the Foster family after defense lawyer Walter Paramore III asked him how he felt about what happened on April 26, 2008.

“It’s not something I wanted to happen; I didn’t go planning to shoot someone,” Hayes said. “I feel sorry for the Foster family. It is hard. I cannot say I won. I am very sorry about it. It has eaten me up for the past 18 months.”

Hayes is charged with first-degree murder for the death of Foster and faces the possibility of life in prison if convicted.

Paramore has argued that the murder was not premeditated, but happenstance, and thus does not fit the definition of first-degree murder. His motion to dismiss the charge after the state rested its case on Friday was denied.

The defense began its case on Monday with several of Hayes’ former coworkers in the Marine Corps, including two sergeants, taking the stand.

They testified that Hayes was a peaceful man, non-aggressive, and that he did fear for his life. The men who testified worked with Hayes at Marine Aviation Logistics Squadron 14 at  Cherry Point.

Some of the Marines were with Hayes when there were fights at a club in Atlantic Beach and two fights at Hot Shots in Havelock. The Marines identified men from the Harlowe area as those involved in the scuffles.

The Marines testifying on behalf of Hayes said he drank heavily, both weekdays and on weekends.

Sgt. John Norfleet said he saw Hayes after one of the fights.

“His clothes were torn, he was bruised, he had cuts on his face and his face was swollen,” Norfleet said.

The defense witnesses said that there had always been a feud between Marines and Harlowe residents. Foster was from Harlowe.

Hayes received a less than honorable discharge from the Marines in October 2007 before the killing in April 2008 in Havelock outside the Bayside Restaurant. He said he was discharged six months before his five-year contract was up. Hayes was discharged because of a pattern of misconduct that involved alcohol and insubordination.

Hayes said when he shot Foster, it happened fast.

“I saw him reach in his baggy pants for a gun and hammer,” Hayes said. “I fired quickly. I don’t know how many shots I fired. I was drunk, very drunk, I know that.”

Hayes said he did not know that Foster was convicted of voluntary manslaughter in March of 2000.

“I didn’t know until I met with my lawyer,” Hayes said.

That conviction will not be entered into evidence, and the jurors will not know about Foster’s prior conviction. The conviction evidence was argued by both sides. Senior Resident Superior Court Judge Ben Alford said it would not be allowed because of state law on the books.

A psychiatrist for the defense is expected to testify today after Assistant District Attorney Ann Kirby finishes her cross examination with Hayes.

Closing arguments could come by the afternoon.