Bloodless

Derrick walked in and sat in the court room. He looked around for Ben. He hadn’t been brought up from the cells yet. That was good. He hadn’t missed anything. He knew he would have to give evidence. What would he say? He didn’t want Ben to go to jail. He would be under oath though… He wouldn’t be able to lie, Ben had done it. Though he had only killed to save another life.. This was going to be tough.
The door opened and Ben was lead in by two police officers. They sat him in the dock and told him to remain quiet till he was spoken to. Derrick caught him looking round the court room nervously. Derrick raised and hand and waved to let Ben know he was there. When Ben saw him he nodded in approval and looked back towards the flag where the judge would sit. Ben put his hand together and silently prayed. He knew he would get found guilty even if he pleaded not guilty.
Derrick sat back in his chair and thought. His best friend was in the dock waiting to have his trial for murder processed. He thought hard. Neither of them should be in this room. They should both be dead. That could still happen to one of them. They lived in Florida, had killed in Florida. The death sentence still remained. Derrick inhaled heavily and exhaled slowly. If only there was a way he could flip it, or at least make it look like a mercy killing so he wouldn’t get death. He might not even get life if he was to succeed. But he would have to get it right, perfect in fact. Ben would have to have the best lawyer and a nice judge. Neither of which he had.
Ben looked over at his friend once more. He knew this would probably be the last time he saw him. Derrick had promised that if Ben got sent down he would visit him in the jail. He doubted he would. Derrick had always been known for making promises he couldn’t keep. He heard the legal advisor and the judge enter the room and the court usher tell the court to stand.
Ben got to his feet and brushed of his jacket, bowed to the flag and when told, re took his seat. His lawyer looked over to him. Ben was no longer nervous. His nerves were gone and he was petrified. He closed his eyes as the judge looked through the papers which had the case details on them. He heard the judge sigh quietly.
The legal adviser looked towards the judge who nodded. She then stood and looked directly at Ben.
‘Mr Benjamin Armstrong the state has accused you of the murder of Mr Daniel Murphy. What do you plead? Guilty or not guilty?’
Ben hesitated a minute. He felt a million eyes watching him. He looked up and spoke. The words left his mouth before he had the time to think. As he said them he knew he would regret saying them. Looking at Derrick he saw his friend nearly cry as he said the words ‘Not guilty’.
The case began. Derrick knew it now. He had no chance of making it look like a mercy killing. Ben had just denied it. He wasn’t going to get a nice sentence. He had lied in court and there was no way he could take it back. Ben was told to take a seat next to his lawyer. He did as he was told. After his lawyer turned some papers and read some notes she stood and spoke.
‘I would like to call my first witness Mr Derrick Harper to the stand.’
Derrick gulped. He thought in his head. He had no idea what the lawyer was going to ask him. He felt nervous and as the usher came over to walk him to the witness stand he felt his heart skip a beat. He had never been this scared. Even though he knew it wasn’t, he felt like it was his head on the line if he messed up.
Derrick took his place behind the stand. The usher looked at him and spoke.
‘Mr Harper would you kindly place your hand on the book and repeat after me.’
Derrick placed his hand on the bible and copied as the usher spoke the words he had only ever seen in movies. He had never thought he would have to say them. But now he would.
‘I do solemnly, sincerely, and truly declare and affirm, that the evidence I shall give will be the truth, the whole truth, and nothing but the truth so help me god.’
Derrick closed his eyes as the usher stepped away. He waited for his question to begin. He had to get this perfect or else see his friend in the chair.
Bens lawyer approached.
‘Can you state your name for the court?’

‘Mr Derrick Harper.’

‘And your address?’

‘82 Haydendale Walk, Fort Myers beach Florida.’

‘Finally your birthday.’

‘November 20th 1982’

‘Mr Harper. Is it true you were with Mr Armstrong on the night of Mr Murphy’s death?’

‘It is’

‘And what were you doing?’

‘I was with Ben, Daniel came in. He could have already been there actually. He took us both upstairs. He then tried to kill me.’

‘Okay, so. You both state Mr Armstrong shot the Mr Murphy. Can you please tell me why Mr Armstrong did such and thing and took… Such strong measures as could be said.’

‘Ben only pulled that trigger to save my life. He wouldn’t have done it if he hadn’t needed to.’

The lawyer turned back to look at Ben.
‘Mr Harper. Would you say what My client did could have been an act of defence for a individual who could have been considered as… helpless at that time?’

‘Certainly, I was stuck and unable to move at the time.’

‘When Mr Armstrong shot to help you, do you think he meant to kill him?’

Derrick shook his head.
‘No ma’am I know Ben would not have aimed to kill Dan. It was clearly an accident.’

‘Leaving it open as man slaughter and not murder?’

‘Yes.’

‘Thank you Mr Harper. I have finished. I’ll hand over to the prosecution.’

The other lawyer looked at his notes and stood. He seemed mean with the way he walked.
‘Mr Harper. You said Mr Armstrong shot the man by accident.’

‘Objection!’ Bens lawyer burst out. ‘Mr Harper never said that only said that Mr Murphy’s death was am accident.’

‘Sustained.’ said the judge who was watching Derrick closely.

‘Okay, you claim the death of Mr Murphy was an accident?’

‘Yes sir, I do.’

‘Did Mr Armstrong take any other action before he fired the gun.’

‘No sir. He didn’t.’

‘So he just, fired the gun without trying to distract or throw off Mr Murphy before he did so?’

‘Yes.’

‘Be more clear Mr Harper, is that a yes he just fired the gun or yes he tried other things first?’

‘Yes he tried other things first.’

‘Mr Harper. May I remind you that you are under oath and for you to lie at this point would be an offence. Neither yourself or Mr Armstrong claimed he tried other things first. Would you like to withdraw your previous statement?’

‘Yes… Ben just fired the gun.’

‘Would Mr Armstrong ever kill someone deliberately?’

‘No sir. I have known Ben all my life. Ben wouldn’t hurt anyone if he could possibly avoid it. Never mind kill someone.’

‘But Mr Harper you said he fired the gun without trying anything else. He knew a gun would have the power to kill someone. So isn’t that a complete contradiction of what you have just said?’

‘No sir, as you can fire a gun only to stun and not have the intention to kill the person you are attempting to stun.’

‘But Mr Harper. Do you or do you not agree that Mr Armstrong should have tried another technique before he fired the gun which he knew had the power to kill a man.’

‘Yes sir I do.’

‘Thank you Mr Harper that will be all.’

Derrick was taken back to his seat by the usher. He looked at Ben on the way passed who nodded in approval. Ben knew Derrick had done all he was able. He had told the truth and tried to make him sound the best he could. Bens lawyer was next to him looking through notes. After she stopped she looked at him to see if he was ready. He nodded and took a sip of the water just in front of him. His lawyer then stood and spoke again.
‘I would like to call my final witness to the stand, Defendant Mr Benjamin Armstrong.’
Ben stood and followed the usher who walked him over to the witness stand. The usher took out the bible again and held it in front of Ben.
‘Please place your hand on the book and then repeat after me.’
Ben placed his hand on the bible and repeated the words.
‘I do solemnly, sincerely, and truly, declare and affirm, that the evidence I shall give shall be the truth, the whole truth, and nothing but the truth so help me god.’
Bens lawyer approached him.
‘Can you state your name for the court?’

‘Benjamin Armstrong.’

Your address.’

‘16A Hedenshare Road Jacksonville Florida.’

‘Finally your date of birth.’

‘June 24th 1982’

‘Mr Armstrong. Mr Harper previously said he believed you only fired the gun to help him when he was in a vulnerable and life threatening situation. Would you agree with this?’

‘Yes. I would absolutely agree with this.’

‘Why did you shoot to save your friends life when your life was not on the line?’

‘Because ma’am I feared if I did not react in some way which would help my friend he would die and that would mean an innocent man would have died.’

‘Exactly. So you felt it was your duty to help your friend?’

‘I did.’

‘Thank you Mr Armstrong. I will hand it over to the prosecution.’

Ben breathed heavily as the lawyer looked through his notes once more and approached Ben with a worrying smile on his face.

‘Mr Armstrong. Why didn’t you consider calling the police?’

‘I did sir, however I worked out they would not arrive to the scene in time and Derrick and probably myself would be dead before they got there.’

‘Okay, why did you fire the gun straight away instead of trying to distract Murphy?’

‘I don’t know sir’

‘Did you intend to kill him?’

‘Not at all.’

‘Mr Armstrong I would like to remind you that you are under oath before I ask the next question. You and Derrick Harper, who are the only witnesses we have for this case are best friends?’

‘I did sir.’

‘How close is your relationship?’

‘Exceptionally close.’

‘Would you say close enough for Mr Harper to openly lie for you?’

‘Objection your honor! I do not see what this has to do with the case.’

‘Declined answer the question Mr Armstrong.’ The judge said firmly.

‘Yes sir.’

‘You killed to protect your best friend. Would you say it would be possible for Mr Harper to be lying to protect you?’

‘He wouldn’t lie in court sir. I know him.’

‘May I remind you your under oath Mr Armstrong.’

‘It is a possibility yes..’

‘Thank you Mr Armstrong that will be all.’

Bens lawyer stood once more to deliver her final speech. She didn’t need it. Derrick knew. No matter what she said now wouldn’t make a difference. She hadn’t defended Ben. Only fed prosecution the information they needed to find Ben guilty. Ben knew it too. He could tell when he looked at him.
His lawyer began to speak to the Jury who were sitting waiting for her final part of the defence.
‘Mr Armstrong killed Daniel Murphy? That is for you now to decide. And on what terms is for the judge. Was it murder or man slaughter? Did Mr Armstrong kill without a cause or did the situation provide him reason? You must now decide between yourselves if you think Mr Armstrong had the intention to kill Daniel Murphy and if so find him guilty. If you are in any doubt over this mans innocence find him guilty. However if you are in any doubt of guilt find him innocent cause it’s a life you are taking if you don’t.’
Bens lawyer re took her seat then the usher told the court to rise before the judge and jury left to seal their verdicts.
Once they had left the room Derrick ran over to Ben and hugged him. He felt tears fall onto his shoulder and heard Bens tears.
‘Dude you’ll be okay. Promise man.’
Ben shook his head. He knew Derrick couldn’t make that promise. He had no control over what happened next. Ben had practically dropped everything Derrick had said by saying Derrick would lie for him. Though Ben knew he had been truthful, the court had no proof.
It was half an hour before the jury re entered and then the judge followed. The jury spokes man stood as the judge asked what decision they had come to.
‘We find the defendant Mr Benjamin Armstrong Guilty of the murder of Daniel Murphy.’
Derrick felt a tear run down his cheek. His heart skipped and beat and he wanted to run out and hug Ben. He knew he couldn’t. He clung onto the chair and glued his feet to the ground as the judge spoke.
‘Mr Armstrong. Will you please stand.’
Ben stood and looked up at the judge.
‘You fired a gun to allow Mr Harper to breathe. For that I respect you. However in firing that gun you took another mans life when instead you could have took another action. I do not think Mr Harper lied to protect you as I fail to see where the protection of him lying in court is. With this I sentence you to 40 years imprisonment for the man slaughter of Mr Daniel Murphy. Take him into custody.’
The officer which had brought Ben into the court room re entered to take him away. The judge and jury both left the court room and session was dismissed. Derrick left the court house. He walked onto the street and suddenly felt cold, lonely and vulnerable.
He started walking home. He couldn’t do it. He needed alcohol. Vast quantities of it. He headed off in the direction of the Super store. The bar wasn’t where he wanted to be right now. There would be too many people who could bug him.