ASHLAND — In his closing arguments in the capital murder case against Shawn Grate Monday, Ashland County Prosecutuor Chris Tunnell characterized Grate as a scheming opportunist.
“Everything the defendant does is calculated to benefit him,” Tunnell said of Grate.
Tunnell described Grate’s actions before, during and after the alleged murders as premeditated.
“He’s thoughtful, He’s cunning. He’s ready to receive an opportunity when it presents itself,” Tunnell said.
Tunnell went on to say Grate views everything in the world, from cigarette butts to his victims, as objects to be used for his own gain and then discarded.
He also repeatedly asked the jury to use common sense.
“A little bit of common sense goes a long way,” he said. “You know how we inject common sense into the legal process? You do that. You use your God-given common sense.”
Grate changed his pleas to guilty Wednesday on 15 charges in the 23-count indictment, admitting to the kidnapping and rape his surviving victim. Though the jury is only considering the remaining charges, Tunnell urged them to consider the totality of the evidence presented.
Throughout his two hours of closing arguments, Tunnell defined each of the eight remaining charges and reminded the jury of evidence related to each charge– four counts of aggravated murder, three counts of kidnapping and one count of aggravated robbery.
But ultimately, Tunnell told the jury to keep in mind the manners in which victims Stacey Stanley and Elizabeth Griffith were found– fully or partially naked, bound and strangled to death.
“Why are we arguing whether she was killed while she was kidnapped if she’s naked, bound and dead in a closet?” Tunnell said of Griffith.
Defense attorney Bob Whitney, who offered no opening arguments, called no witnesses and presented no evidence throughout the trial, offered about 13 minutes of closing arguments.
Whitney told the jury that Grate “didn’t lawyer up” and voluntarily complied with law enforcement.
He also argued that while Grate implicated himself in the deaths of both Griffith and Stanley, the evidence on other portions of the aggravated murder charges and specifications is inconclusive.
To convict him of aggravated murder, the jury must find not only that Grate killed Stanley and Griffith but also that he did so “with prior calculation and design.”
For two of the four aggravated murder counts, the jury must determine whether the murder was committed while the defendant was also kidnapping, raping or committing aggravated robbery against the victim.
If the jury convicts Grate of the aggravated murders, they must also determine whether the murders meet certain death penalty specifications. One specification is that the murder occurred as part of a course of conduct involving the killing or attempted killing of two or more people. Another is that the murder was committed while Grate was committing, attempting to commit, or fleeing immediately after committing either kidnapping, rape or aggravated robbery.
If the jury finds Grate not guilty of aggravated murder, they still may find him guilty of murder.
Whitney argued Grate had no real plan for carrying out the murders and did not commit the murders during the act of rape or kidnapping. He also argued Grate’s theft of Stanley’s car and other items was not aggravated robbery because it occurred after her death.
Following opening arguments, Judge Ron Forsthoefel read the jury 37 pages of instructions and the jury began deliberations around 1:30 p.m.
The jury will be sequestered until they reach a verdict.
