Cook had urged the jury to review all the events of the day, including crude remarks Malcolm made after he shot Jenkins and the fact that he calmly sat down on a chair rather than helping the dying man — all behavior that shows Malcolm's mental state and a depraved indifference for human life.

"He called Verne an (expletive), a (another expletive), says 'He deserved it,'" Cook said. "I don't know how much more indifferent you can get."

She also spoke of the times Malcolm became belligerent and uncooperative with police after the event. Malcolm did not like it that Jenkins put a hand on his shoulder at the truck stop and he did not like it that police put handcuffs on him while conducting an investigation. Cook said Malcolm has a problem with authority and does not think the laws apply to him.

"This is not about self-defense — it's about self-aggrandizement," she said. "He thinks he's above everyone else."

Cook reminded the jury that Malcolm was carrying a loaded gun, pulled it out and admitted he intended to fire it.

"It was unjustified," she said. "There was no need for Verne Jenkins to die that day."

Batista, however, scoffed at the idea that this was merely a scuffle or fist fight in which Malcolm overreacted by pulling a gun.

"A scuffle isn't trying to get someone in a choke hold. A fist fight isn't body slamming someone to the floor," Batista said.

Jenkins, he argued, had no legal right to jump Malcolm, who ended up panicking and firing his gun just to protect himself.

Batista had urged the jury to judge Malcolm by his actions and not his words: Malcolm was leaving the building when Jenkins tackled him, Malcolm panicked and fired after he mistakenly thought Jenkins was reaching for a gun of his own, and Malcolm sat down and waited for police after the shooting.

"Guilty men run," Batista said, adding that Malcolm thought he was justified in defending himself.

Batista also said Malcolm was not as disruptive in the truck stop as he has been portrayed and that he only asked four times — in an admittedly loud voice — whether he was going to get waited on or whether he should go to another cash register.

Malcolm wasn't swearing, threatening anybody or damaging any property, and when it was clear he was not going to be waited on, he tried to leave, Batista said.

It was Jenkins who was in the wrong for jumping a man who didn't understand why someone would physically grab him and throw him down, according to Batista.

Batista said Malcolm wasn't trying to kill Jenkins because even expert an marksman would not aim for someone's neck because it's so easy to miss. If Malcolm really intended to kill Jenkins during this fight, all Malcolm had to do was push the gun barrel against Jenkins' ribs while they were struggling on the floor and pull the trigger.

Malcolm testified previously that he only wanted to fire a warning shot to let Jenkins know his gun was loaded and to get Jenkins off him.

"You have a right to use deadly force if you think someone is trying to kill you," Batista said.

---

E-mail: lindat@desnews.com