The jury began deliberations around 1:15p.m.  They returned to the courtroom twice to ask a couple of questions of the court.  The first question was concerning the testimony of Hargrove's brother, David Level.  A video tape of the testimony was played back for the 12 member jury.  In the testimony, Level said that he saw Day's work truck leave his sisters house at a high rate of speed on Rosco Veazy Road.  Investigators say the truck left the scene near the time that Hargrove was murdered.  

 

Level said that he had talked with his sister on the phone around 10:pm.  He said her house was only about 300 yards away and that she had called wanting some chocolate.  Level told his sister that their mother, who also lived close by, had just picked some fresh strawberries.  Commonwealth's Attorney David Massamore, questioned Dr. Mark LaVaughn about how the human body consumes this type of fruit.  Massamore stated that Dr. LaVaughn's testimony helped to determine the time of Hargrove's death.

 

Following the Jury's Questions, they returned to the deliberation room and did not render the guilty verdict until approximately 4:45p.m.

 

Afterwards, Judge Charles Boteler allowed the jury to take a short break before the penalty phase of the trial began.

 

Day's mother, Judy Blanchard, told the jury that her son did not have a criminal record and said that he was always working and searching for something to do.  She asked the jury to give him a short sentence saying that he, “did not kill that girl.”

 

During the penalty phase, Massamore asked the jury what a life was worth.  He said that Hargrove's children and family were finally coming to a point of closure in her death.  He asked the jury to give Day the maximum which is 20 years in prison.  He said that Day made a choice to have an affair and was free as he, “walked for 18 years.”  Massamore went on to say that, “She (Hargrove) will never walk again.”

 

 

Following deliberations that lasted for less than an hour, the jury recommended a maximum 20 years in prison.  Final sentencing will be November 16th at 10:30a.m. In Hopkins Circuit Court.

 

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Tim Moore - News Director

 

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