Toni Hopper
DUNCAN — Marva Troy took the witness stand in her own defense Thursday and during her defense attorney’s closing statement, he even admitted Troy was a “terrible witness.”
Troy, who has been charged with distribution of a controlled substance, in Stephens County District Court, will have to reappear April 19 on the same charge. After several hours of deliberating, the jury was deadlocked, not once, but twice. After the second time, Judge Brent Russell declared a mistrial.
During Troy’s questioning as a witness, the judge had to stop her more than once to issue a caution. At one point, he told Troy that she was to answer the questions Assistant District Attorney Dennis Gay asked, not vice versa.
Gay asked Troy if the house on the video that was viewed as evidence in court Wednesday, was her home. Troy stumbled over her answers, even saying that she wasn’t sure and that “parts of it looked like mine.”
Troy’s attorney, Loyde Warren, also questioned her.
During Warren’s questioning of his client, he asked her if she confessed to any crime, including the charge of distribution of a controlled substance. Troy was arrested June 23, 2009, for allegedly selling three Oxycontin tablets to James Peck, who was working as a criminal informant for the Stephens County District Attorney’s Task Force March 28, 2008, during a controlled buy, in which Troy was the “dealer” as Gay pointed out. Gay also asked Troy why she was on the narcotic. She named several medical reasons, including osteoarthritis, a bulging disc in her back, and being in a car accident. Troy was in a wheelchair during the trial.
Assistant District Attorney Josh Creekmore gave the first closing statement for the state, noting that in such a case, there’s a dealer and a buyer. Peck originally went to Troy’s home to purchase the pills from Linda Hartsfield. In court Thursday, it was revealed that Hartsfield had been convicted of selling prescription drugs from 2925 Whipoorwill Lane (Troy’s home) and that she had been married to Troy’s son.
Creekmore said there were three elements that jurors had to consider — the knowing and intention of committing the crime, distributing, and the Oxycontin.
During closing statements, the prosecutors also highlighted conversation from the video and audio recording that was introduced as evidence Thursday.
Troy’s attorney said in his closing that he didn’t hear Peck make the statement on the video, “Tell Linda she missed out.” He also brought up the credibility of Peck and reviewed the criminal background of Peck.
“Your decision is final. This is it, you can’t go home and change your mind. Don’t make a mistake,” Warren said.
Gay gave his final address to the jury.
“You use, you’re a user,” he said, admitting that Peck wasn’t the greatest individual but that he’d been clean and free of drugs for a year.
“His addiction causes him to do things and this person (Troy) takes advantage of that. This person is part of Mr. Peck’s problem. This case is not about Mr. Peck, it’s about the dealer providing,” Gay said. He also noted the witnesses who included Troy’s pastor, stating that Troy hid from them what she was doing when selling the prescription medicine.
“Even one of her witnesses said if she’s guilty, she should be held accountable,” he said.
In a separate case, George Rico, who was charged with distribution of a controlled substance, made a plea agreement Thursday morning and a sentencing date will be set at a later date.
— Toni Hopper is a reporter for The Duncan Banner. She can be reached at 580-255-5354, Ext. 132 or by e-mail at: toni.hopper@duncanbanner.com
