McKinney

November 2, 1999
Web posted at: 2:58 p.m. EDT (1858 GMT)

LARAMIE, Wyoming (CNN) -- A Wyoming jury began deliberating Tuesday in the case of Aaron McKinney, accused in the beating death of gay student Matthew Shepard.

McKinney, 22, is the second person charged in the death of Shepard, who was found barely alive, tied to a fence post near Laramie, Wyoming, last October. He died several days later.

Russell Henderson, McKinney's co-defendant, entered a guilty plea earlier this year and is serving two life terms.

In closing arguments, prosecutor Cal Rerucha paused for 60 seconds to let the jury reflect in silence on the October 8, 1998, beating inflicted on Shepard.

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"Think what 60 seconds was to Matthew Shepard," Rerucha said. "It's a short time if you're eating an ice cream cone. It's a long time if you're descending into hell not knowing what fate will meet you there."

Public defender Dion Custis told the jury that McKinney was in an "emotional rage" at the time of the beating.

"(He) is not a cold-blooded murderer, ladies and gentlemen, he reacted," she said. "There was no thought process."

Rerucha said McKinney and Henderson were like "two wolves watching a lamb" when they plotted to rob Shepard, who they saw at a Laramie bar.

But Custis said McKinney did not mean to kill Shepard.

"He had no intent to kill Matthew Shepard. What happened here, ladies and gentlemen, is that he hit him too many times," Custis said.

"It's disgusting and tragic, but it's not premeditated murder."

Custis said McKinney was under the influence of methamphetamines and went into a rage after Shepard grabbed his genitals.

In rebuttal, Rerucha said, "Matthew Shepard was not an animal to be hung on a fence. He was a human being."

On Monday, the judge in the case handed McKinney's attorneys a setback, ruling they could not offer a "gay panic" defense -- that McKinney panicked after Shepard allegedly made a homosexual advance toward McKinney.

If McKinney is found guilty, another hearing will be held to determine whether he will receive the death penalty.

The Associated Press contributed to this report.

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