Jury deliberating in St. Paul murder case

The prosecutor called Murray a "cold-blood" killer. But the defense said he was set up by his co-defendants.

By PAT PHEIFER, Star Tribune

Last update: November 3, 2009 - 4:01 PM

Prosecutor John Freeman portrayed Lee D. Murray as a cold-blooded killer who pumped seven bullets into Leon May on a cold night in December 2008 after he and three accomplices hatched a plan to rob "the weed man."

But defense attorney Richard Sarette told the jury in his closing argument today that Murray was "the perfect patsy," who was set up by the three other men -- known robbers -- because they believed he had snitched on them in 1996 and put them in prison.

Murray is charged with one count of second-degree murder. The jury began its deliberations about 12:45 p.m. today.

May, 32, was shot the night of Dec. 11, 2008, on the back stoop of his home in the 400 block of E. Jessamine St. in St. Paul. His girlfriend was inside wrapping Christmas presents at the time; their two children, ages 9 and 2, were fast asleep, Freeman told the jury during his opening statement.

Earlier that night, Jerome K. West; Shaun Smith; Damaine McClinton, and Murray had gotten together and decided to "hit a lick" -- to rob someone, Freeman said. They picked May.

Murray used a female acquaintance's cell phone to call May and set up a "sham drug deal," Freeman said. After several other stops, the men drove in McClinton's vehicle to May's home, circled it and parked about a half-block away.

Smith was armed with a 9-millimeter pistol; Murray had a .22-caliber handgun. West had brought "the kit," hooded sweatshirts, gloves and mask.

Another call was made to May, and Murray, Smith and McClinton approached his home. May came out the front door and was forced at gunpoint to the back stoop. He refused to let them into the house because his family was inside, Freeman said.

Murray and Smith then fired, hitting May a total of 17 times, Freeman said. McClinton ran as soon as he heard the shots. The four fled in McClinton's vehicle but ultimately split up.

Police found several items at the crime scene including jail-release papers with Murray's name on them and a business card for Murray's probation officer.

An acquaintance of West's who had been with him after the shooting told police she'd taken him to Hudson, Wis., and showed officers where he'd stood on a bridge over the St. Croix River. On Feb. 7, 2009, the St. Croix County dive team found two guns, a 9-millimeter and a .22-caliber, in the water. The .22-caliber was matched to the shell casings found at May's home; the 9-millimeter was too rusted to tell if it was the other murder weapon, Freeman said.

However, Sarette told the jury that it was McClinton, Smith and West who planned to rob May. Things got out of hand and he was killed.

The three men had taken Murray's papers earlier that night and planted them at the scene out of revenge. "That's how you get back at a snitch," Sarette said. "You don't bring him alone. It's absurd. There is no credible evidence this man participated in this crime."

Smith is awaiting trial on charges of second-degree murder. McClinton pleaded guilty in March to aiding an offender and agreed to testify against his co-defendants. The plea agreement called for a 68-month sentence. His sentencing will be held after Murray and Smith's trials. West pleaded guilty in August to third-degree murder and is scheduled to be sentenced Thursday.

The jury did not hear that Murray was convicted in the fatal shooting of a St. Paul teenager, James Lindorff, 16, in 1996. He served 6 1/2 years in prison after pleading guilty to first-degree assault and shortly after his release was shot and severely wounded by the victim's uncle.

Pat Pheifer • 612-741-4992

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