After the initial trial against murder suspect Robert Torian ended with a hung jury, his retrial began on Monday in Christian Circuit Court with the defense and prosecution making opening statements.
Torian is charged with murder in connection to the 2019 fatal shooting of Terrill Moore near a party on McHenry Street. A guilty or innocent ruling was not made after Torian’s September trial because the jury was not able to unanimously agree on a verdict.
After a new jury was selected, Special Prosecutor Dennis Foust began opening comments. Foust says a portion of the evidence in the case is circumstantial meaning that the evidence does not directly point to Torian being the shooter, but can lead to conclusions being made surrounding his alleged involvement.
Foust creates an example displaying circumstantial evidence. He says someone may leave for work and come home to see a pile of ash, even if there are no direct witnesses saying a fire occurred it can be inferred that a fire destroyed the home.
Foust says the evidence provided by witnesses will point to Torian being responsible for Moore’s death.
Torian’s Defense Attorney, James Chamberlain followed with his opening statement. Chamberlain says the jury will be presented with evidence and testimonials from multiple witnesses that will not prove Torian’s guilt beyond a reasonable doubt.
Chamberlain says the case lacks forensic evidence that would prove Torian was the shooter.
Following opening statements, Hopkinsville Police Captain Chris Bond was called as the first witness. Bond reported to the scene of the shooting and rendered first aid to Moore.
As he was being questioned by Foust, Bond says near the scene of the shooting, he saw a person walking in the opposite direction on Whitney Court and is 90% sure it was Torian.
Chamberlain then questioned Bond and asked about the location of the shooting and where he allegedly saw Torian. Chamberlain asked if Torian appeared to have a weapon on him or if he was covered in blood, Bond responded no to both.
Torian’s trial is set to conclude by Friday.