HILLSBOROUGH, N.C. — The fate of Terry McMillian Jr., charged with the death of a Home Depot employee, rests with a 12-member jury following a trial that heard emotional testimony and intense arguments from both sides. Closing statements were presented on Tuesday, and jurors are awaiting instructions before commencing deliberations.
Defense attorney Kailey Morgan questioned the thoroughness of the investigation, suggesting that the handling of witness interviews was delayed and that critical evidence was misinterpreted. She argued that while surveillance footage depicted an altercation, it did not constitute a murder. “It is the video of a crime. It is the video of an assault. But it is not the video of a murder,” Morgan asserted, insisting that Gary Rasor, the victim, had been able to stand and seek help after the incident.
Morgan highlighted Rasor’s pre-existing health issues, emphasizing that it remained uncertain whether the incident was solely responsible for the subsequent deterioration of his health. “Haikal cannot rule out the possibility that Mr. Rasor still would have had a heart attack without the injury,” she stated.
In rebuttal, prosecutor John Nieman defended the credibility of Dr. Nabila Haikal, the forensic pathologist who conducted the autopsy. He pointed out her extensive experience and credentials, countering Morgan’s claims about the quality of her assessments. “The only people who are contending that her opinion is not good are lawyers representing McMillian,” he said.
The prosecution underscored the gravity of McMillian’s actions, highlighting that Rasor’s condition lasted until his death on November 30, 2022, weeks after he suffered serious injuries from being pushed to the ground. “They can’t get around the irrefutable truth,” Nieman noted, underscoring the consequence of the altercation on Rasor’s life.
Testimony during the trial described Rasor’s initial recovery as promising, as he was first moved to a rehabilitation center after the incident. However, the 83-year-old’s health rapidly declined, culminating in a return to the hospital where he ultimately died. Witnesses mentioned Rasor’s independent lifestyle prior to the event, which included pursuing physical activities with his grandchildren.
McMillian, who has faced charges of first-degree murder and robbery, did not take the stand in his defense and declined to call witnesses. As the case heads to jury deliberations, a life sentence remains a possible outcome if McMillian is found guilty.
Throughout the trial, forensic pathologist Dr. Haikal revealed that Rasor died due to complications stemming from a blunt force pelvic injury, with his existing hypertension and pulmonary emphysema also playing significant roles. She noted that Rasor had been functioning well before the fall and that the injuries could have impeded his capacity for further physical activities.
In a tense moment, the defense sought to dismiss Dr. Haikal’s testimony, but the judge denied that request, allowing her findings to remain central to the case as the jury prepares to make its decision amid strict courtroom protocols prohibiting cameras.
The unfolding situation has drawn significant community interest as residents await the jury’s rendering on this tragic incident that has left lasting repercussions for all involved.