After an hour of deliberation Tuesday afternoon, there was no verdict in the first-degree murder trial of Jeffrey Chapman, charged with the November 2011 shooting death of Damon Galyardt.
 The case was handed to the jury following instructions from District Judge Ron Svaty. He advised the panelists they could opt for the charge of premeditated first degree murder or lessor charges, such second degree murder, involuntary manslaughter or voluntary manslaughter, as well as not guilty.
There were also closing arguments from prosecutor Kansas Assistant Attorney General Steven Karrer and defense attorney Kurt Kerns. The lawyers painted two vary different pictures of the circumstances leading up to the shooting and the events that followed.
“You are not to decide this case on your sympathies,” Karrer told the jurors. Sure, many of those involved had criminal records and admitted to still using illegal drugs, but the decision must be based on the facts.
Chapman may have been addicted to methamphetamine and may have seen Galyardt’s pregnant fiancee Summer Hoss as a little sister, and he may have intervened when the couple was have problems. But, in the week before Galyardt’s death, things were different, Karrer said.
Chapman was “pissed” at how Galyardt was treating Hoss and he was tired of talking to him about his feelings. “That’s the reason he did this,” Karrer said.
He was upset about this and about how Galyardt fled Lyons after passing counterfeit bills there, leaving Chapman’s girlfriend alone to be arrested. As a result, he had told several acquaintances he was going to kill Galyardt and dump his body out in the country.
Galyardt has been portrayed by the defense as paranoid. “But, its not paranoia if someone is out to get you,” Karrer said.
On the night of the shooting, Galyardt had been high on meth and was coming down which made him tired. He and Hoss fought, and Hoss left the Stone Street house with some friends.
Chapman called Hoss who told Chapman that Galyardt was tired and asked he not come to their house, Karrer said. But, Chapman came anyway, after everyone but Galyardt had gone.
This was not because he wanted to talk with Galyardt once again about his treatment of Hoss or because he wanted to sell his .32-caliber pistol, Karrer said. It was because he wanted to kill the man he believed was mistreating Hoss while he slept, following through on threats he had made earlier.
“He’s a man of his word,” Karrer said.
The defense claims Galyardt was on a crazed meth high and lunged at Chapman wielding a large Buck knife, and that Chapman shot him in self defense. But, “there is no evidence Damon Glayardt had a knife,” Karrer said.
Why didn’t Chapman call 911 if the shooting was accidental or in self defense, Karrer asked? Chapman also said he didn’t realize the extent of what he had done and figured Galyardt would call or text later.
“Really?” a sarcastic Karrer said.
Instead of calling for help, he left the scene, only to return later to move the body, haul it to the country and dump it in a ditch. He tossed the gun and other items out of the car as well.
Karrer said none of the actions seem like those of someone who was defending themselves. Chapman had said he didn’t want Hoss to see Galyardt’s body and he, himself, freaked out when he saw the blood, but Karrer didn’t buy that.
Defense attorney Kerns said, however, that the actions of Chapman are misunderstood. The jury must protect the rights of all citizens, regardless of whether they have tattoos or not, a reference to the tattoo of the word “murder” spelled backwards on Chapman’s neck.
Galyardt had knives and guns. He was a meth head who had also passed fake money, was suicidal and prone to sudden violent, angry outbursts. He had even “freaked out”neighbors with his antics, Kerns said.
Chapman, Kerns said, is entitled to the same protection from the right to self defense as anyone, the public and police officers included. “He has the same rights as you and you and you,” he said, pointing to the jurors.
“You have to presume he’s innocent and make the prosecution prove he isn’t,” Kerns said. “They didn’t prove it wasn’t self defense. There is no evidence it wasn’t.”
A “whacked out” Galyardt came at Chapman with a knife. Under cross examination of the coroner, it was said that from the angle of the gunshot wound, Galyardt could have had a raised weapon.
“He’s our best witness,” Kerns said of the late Galyardt.
From text messages to the testimony of fellow drug users to comments from law enforcement officers, the bulk of the evidence presented by the prosecution backs the defense’s claims, Kerns said.
Kerns said Chapman wishes now he’d handled things differently and is very sorry for what happened.
After Kerns finished, Karrer had another crack at the jury. He had opted to split his allotted closing argument time.
“There was no knife. None, he said. This means there was no evidence of self defense.
Galyardt had a box of knives, but they were pocket knives, Karrer said.
Chapman had told witnesses he planned to kill Galyardt if he didn’t stop being mean to Hoss and Galyardt wound up dead  and dumped in the country.
“You get to use reason and common sense,” Karrer said. “That tells you there was no knife.”
If Chapman goes to the house to kill Galyardt and even if Galyardt comes at him with a weapon, there is no self defense due to the premeditation, he said.
He also disputed Kerns’ interpretation of the coroner’s testimony. Sure, Galyardt could have been holding a weapon, but the coroner said that was just one possibility, not necessarily what actually happened.
Karrer ended by asked for a guilty verdict on the county of premeditated murder in the first degree.
Jury deliberations will resume this morning.