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Attorneys are assembling in the courtroom, as well as friends and family of Sgt. Dulle. Marcus Isreal walks in at 10:35, wearing a blue shirt and tie.
All rise. Judge James Flannery explains that Isreal is in feet shackles, but his hands are not in handcuffs.
Jury walks in. Jury saw the scene this morning. Ten women and two men on the jury.
David Fornshell starts opening statements for prosecutors. Begins by explaining who Dulle was - husband, father, son, brother. As he says this, Abbie Dulle bows her head and cries.
Fornshell goes over the chase route with the jury, pointing to a map.
It all started the night of May 10 at Take a Break Lounge when Isreal stole a Black Cadillac that was left in the parking lot.
He led Franklin police on a chase at high rates of speed with officer noticed he didn't have any tail lights.
Vehicle was traveling too fast for police to lay down stop sticks. Speed reached 105 miles per hour.
Three officers chasing Isreal into Wayne Township at 120 mph
Near SR 73 and 42, Isreal is going northbound in southbound lanes.
Isreal almost hit Dep. Black's cruiser on shoulder of U.S. 42 near Waynesville Road going 115 mph. Isreal never slowed down or tapped brakes.
Defendant approached Dep. Beeheimer, runs him off road, down embankment.
Approaches civilian vehicle that is forced off side of road, defendant doesn't break, continues going over 100 mph.
Continues and forces another civilian vehicle off road.
At 42 and Utica, Sgt. Brian Dulle is getting in position to lay down stop sticks.
Isreal was going 126 mph approaching 42 and Utica. He hits Dulle on right side of road, sending him 110 feet.
Officers find mangled Cadillac, no driver in it. Police begin looking for suspect and Dulle. About a minute or so later, Dulle is found face down at the base of the utility pole.
Autopsy shows cause of death was homicide, manner was severe blunt force trauma.
Dulle had severed spine in two locations, fractured most bone, heart hanging on by aorta, organs displaced.
Medics called, but everyone knew it was too late.
As Fornshell explains injuries, Dulle's family cries.
K9 called to try to find suspect.
Owner of Cadillac was able to identify Marcus Isreal as suspect
Find black and red Cincy Reds cap and black high top tennis shoes, find loaded .357 magnum revolver that did not belong to Dulle or owner of car.
Officer finds man with no shoes about 1.5 miles away from crash scene in direction K9 tracked.
Isreal is questioned after placed in custody. He admits he was at Take a Break lounge wearing a black Reds hat.
But Isreal says he wasn't driving. Says Jr. high friend that he can't name was driving.
But surveillance video at Take a Break and Cashland across the street shows him getting into driver's side. Isreal's fingerprints found on steering wheel.
Isreal has prior drug convictions from 2005 and 2006 and was not allowed to have a weapon.
Felonious assault charges come from his attempt at trying to run down two other officers.
Murder charge is because Isreal knowingly cause harm to Sgt. Dulle. He knew way he was driving vehicle would result in physical harm.
Fornshell: "Ask this question: What did he think was going to happen?"
Evidence will show that he knew the way he was driving that vehicle would cause harm.
"At the end of this trial, we are going to ask you to find the defendant, Marcus Isreal, guilty of murder."
Clyde Bennett begins opening statement.
"Marcus Isreal is not innocent," he says. "He and he alone is responsible for the tragic death of Sgt. Dulle."
"There will be no attempt by the defense to justify what Marcus Isreal did."
Isreal had one thing on his mind - to get away from police. He did not mean to cause Dulle harm, so he is not guilty of murder or felonious assault.
He was trying to escape. The last thing on his mind was harming someone.
He ran many stop signs and red lights, speeding excessively through construction zones. There is not an attempt to strike oncoming traffic, but he wants to get away.
"The way to get away is to not strike another vehicle. It's to go fast and straight."
Evidence will show he could have easily struck Sgt. Bentley, but didn't.
He believes he can escape, and its wrong. "That's called failure to comply with a police officer, and he's guilty of that."
He wasn't using the car as a weapon, but as a mode of transportation to try to escape.
Car held up through construction, rough roads and Isreal thought he was getting away.
On SR 73, he's trying to get away from police and go where there is some familiarity.
He couldn't get into southbound lanes of 42 because he was going too fast and the turn was to sharp. He didn't drive in northbound lanes intentionally, he was just going too fast to get in southbound lanes.
Didn't want to be on same path as police officers.
"He didn't want to strike police officer head on, because that defeats his purpose of trying to escape."
He didn't direct, steer or guide towards anyone.
You won't see tire marks that he tried to hit Ofc. Black, but he continues to not comply with police.
When NB and SB 42 merge, he has no where to go, it's 2 lanes.
He doesn't know Dulle is laying down stop sticks, has no way to know.
He doesn't want to wreck, but a crest in the hill causes him to lose control. He flips into Sgt. Dulle. He lost control because of the crest in the hill, not because of hitting Sgt. Dulle.
He was ejected from the car, and continues to do what he's been trying to do all along - escape.
He sleeps in the woods until he thinks the coast is clear. Eventually, he comes out of the woods and is apprehended.
At the police station, he continues to try to escape from responsibility by lying and saying he wasn't driving.
When the officers tell him this is a serious situation because someone is dead, he continues to lie because he knows he's in more trouble.
The evidence shows this is a horrific and tragic case, but jurors should follow the law and not take sympathy.
Bennett asks jury to find verdict of not guilty to murder. Isreal didn't attempt to cause harm, and the evidence will show he didn't swerve to hit Dulle.
The most appropriate verdict is involuntary manslaughter and failure to comply. He's not guilty of felonious assault because he didn't try to harm other officers.
Judge Flannery calls a lunch break until 1 p.m. Reminds jury to not discuss case with each other, friends, family, etc. and not watch the news or do research on the Internet.
Flannery also ruled on a request by the defense on a separation of witnesses. Only Tpr. Holden and Sheriff Sims are allowed in the courtroom during testimony; other witnesses must remain outside the room.
Bennett notes he objects to Sims sitting at the prosecutor's table; Flannery notes the objection and overrules it.
730 North Summit Street