Gateway murder trial

Closing arguments begin: The prosecution

with 20 comments

McGruther giving closing for prosecution

Dec 26, went upstairs, fired a single shot to kill steven, pulled Michelle from the bed and strangled her.

Showing photos of the couple together, then showing photos of them dead in their bedroom.

“Killing when done in this manner is first degree murder”

Death was caused by a criminal act of another and was premeditated. Killing after conciously deciding to do so.

Felony murder – killing that occurs while other felonies committed – and Cooper is also charged with burglary (entering home without permission).

The lesser included offenses – second degree murder and manslaughter.

“There is no issue whatsoever that these murders were premeditated and committed during a burglary”

“Evidence has  clearly shown beyond a reasonable doubt the perpetrator…was Fred Cooper.”

Facts of the case – both Michelle and Steven were brutally murdered. Steven was shot while lying in bed (blood and bullet show that’s where he was)

Michelle was dragged from bed and struggled with the attacker until she was killed on the floor.

This wasn’t a drug deal gone bad or the work of a burglar who got caught. There was only one person, one reason, this person committed these murders. It was a crime of passion.

It wasn’t to steal, because no valuables were stolen. Both of Michelle’s rings untouched, gifts still downstairs, guitars, nothing was taken.

There was no confrontation anywhere else in the house. No signs of a struggle elsewhere in the house.

Other facts not in dispute. Only one person has been described as having a motive to commit this crime of passion. His girlfriend was moving on and told him to move out.

The person whose girlfriend was having an affair with Steven Andrews.

To “get through this” he needed to get rid of Steven Andrews.

Was told on Dec 26 he needed to be respectful if she began dating someone elese.

While Kellie was at Outside Productions Dec 26th, Fred was on the computer. On the desk was a list of the employees, their addresses.

Kellie and Steven’s time was brief that evening, cut short by a call from Michelle – who was suspicious. She wanted to know where he was and what was taking so long.

Kellie left when Steven did. Got home a little before 10. Fred was still on the computer. She told him she was tired and he needed to put the kids down.

A little later she heard the kids and sent her niece to go get Fred downstairs, but he wasn’nt there. His motorcycle wasn’t there.

At 10:31 – Cooper is riding through the 7-11 in Gateway – as shown by the surveillance video. He didn’t return home until 3:01 a.m. Dec 27.

The gate code showed he arrived at 3:01.

There are no other entries with his bar code around that time.

Close to 11 pm. Whitney Tinsley is out walking her dog and as  she enters the field across from the community, her dog stops. Someone is walking out of the shadows towards her.

Her husband told her to look a stranger in the eye. She did that – and looked him in the eye, there was no acknowledgement between the two.

She did notice he had “catchy eyes” unique eyes (the prosecutor turned and looked at Cooper) and was wearing a camo jacket.

She lost sight of the man, but not before seeing three neighborhood kids come out. The three boys (Ben, Ryan and Colin) also saw a man in a camo jacket walking into the community. When the man saw them looking at him, he pulled the hood over his head.

The boys were adamant there was plenty of light and could see the man well.

Neither Tinsley or the boys saw anyone else in the neighborhood. No one in the neighborhood canvas saw anyone else in the neighborhood.

The man was headed toward the Andrews house.

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Written by Melissa Hudson

October 14, 2008 at 9:37 am

Posted in Day 9

Tagged with ,

20 Responses

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  1. Thank you Melissa for the updates. It has been very interesting. Does anyone know who has the Coopers little boy now?

    lacy

    October 14, 2008 at 9:57 am

  2. cooper had a girl. the andrews had the son. and I think that a sister or mom and dad have him.

    frank

    October 14, 2008 at 11:08 am

  3. I hope that the people in the community realize that this guy sat in a single cell by himself for 3 years so he had plenty of time to make alot of different scenerios up about what happened!!!! I can’t believe this murder could possibly walk away.

    frank

    October 14, 2008 at 11:09 am

  4. I agree. At the begining of the trial I was a bit sceptical and had many ‘what if’ scenerios play out. However, after all testimony had been given, there is not a doubt in my mind that Cooper’s hands are dirty. His lies and deceit have come to the surface and his “side of the story” is dispicable. This man deserves to rot, hopefully the jury can read through everything and appropriate his future. God bless these families.

    Rich

    October 14, 2008 at 11:26 am

  5. Frank…

    UNFORTUNATELY, stranger things have happened…remember O.J.???

    Sharon

    October 14, 2008 at 11:27 am

  6. I have been reading this from the start….wishing I could be in the courtroom. In my opinion, according to the evidence presented by both prosecution and defense as well as the “lack” of evidence…..I believe the defense has show a tremendous amount of “reasonable doubt.” and Mr. Cooper should be aquitted. But alas……this is a high profile case and I believe that emotions will play a big role in the verdict.

    Sandy

    October 14, 2008 at 11:44 am

  7. Sandy…
    I think you must know him to say things like that. He is going to rot.

    frank

    October 14, 2008 at 12:31 pm

  8. Don’t know the guy…don’t want to…..just looking at it from a “legal issue” standpoint.

    Sandy

    October 14, 2008 at 1:06 pm

  9. Only in the US of A…

    Richard

    October 14, 2008 at 1:19 pm

  10. I do not think that Fred Cooper deserves to rot. I think Kellie Ballew should rot!! Why would he spend so much time killing Michele, if his beef would have been with Steven. Unfortunately he thought defending that tramp was the right thing to do, but unfortunately she just turned it right back on him and now she’s living happily ever after. If you think he’s guilty than obviously you don’t know how to look at the facts!

    mojo

    October 14, 2008 at 2:11 pm

  11. Mojo, and you have never made a mistake in your life?

    Kellie did NOT do those things to Steven and Michelle…FRED did!!! Get that through your head. Tramp or no tramp…she did not do the crime so why should she do the time?

    Hello???????????

    Richard

    October 14, 2008 at 2:18 pm

  12. I’m sorry I guess I’m too busy thinking outside the box, instead of inside the mind of a tramp. Truth is truth, facts are facts, and a tramp is a tramp. Just too bad Fred was an easy target, obviously. You can’t even think of other scenarios. I wonder who is really using there head. At least one that includes a brain????

    mojo

    October 14, 2008 at 2:28 pm

  13. Mojo…I have to agree with Richard on this one.

    Yes, your theory, that could have been what happened but it was not what happened. Fred killed Steven with a gun which probably startled Luckas and Fred didn’t want to make another loud noise so he killed Michelle by strangling her instead of shooting because he didn’t want to wake the little boy or neighbors possibly. I think that sounds a little more reasonable than your theory.

    My question to you is…if Kellie was in love with Steven…why did she shoot him then???

    Sharon

    October 14, 2008 at 2:33 pm

  14. I have been following this case very closely. I truly believe Fred Cooper is guilty. DNA at the crime scene is just that, DNA at the crime scene. You can’t dispute that. I truly believe that if his testimony given yesterday is truly the facts, then these facts would have come out long ago, not held until the day before jury deliberations. If he is innocent, as he claims, then you mean to tell me he was content with wasting three years of his “innocent” life in jail alleging to solely be protecting his relationship with Kellie and his daughter?? Now, don’t get me wrong, I believe that this was not the job of a single man. I believe, and will continue to believe that Ms. Ballew has spent the last few years washing her dirty hands as well. It’s interesting to me that Mr. Andrews had sex with Ms. Ballew in his car, went home, wrote her an email and then went on to bed to have sex with his wife?? Perhaps Kellie knew that Steven has no intention of leaving his wife, and the fact that he rushed home the moment she rang his phone, was proof to Kelly that he wasn’t going anywhere but home to his wife. Don’t you think that was enough to make Kellie perhaps “snap” since she was already planning her future with Steven???

    I hope Mr. Cooper is found guilty, I hope as well, that the day will come where the evidence is re-examined, and perhaps looked at as though Kellie may have had played a decent part in the tragic loss of the lives of Steven and Michelle Andrews.

    It’s tragic, parents left without children, and a child left without parents, all as a result of some meaningless tryst with some secretaty.

    June

    October 14, 2008 at 2:33 pm

  15. Well Said June!

    Just Me

    October 14, 2008 at 3:08 pm

  16. okay i think fred is so guilty.. ive looked outside the box and i have even doubted this whole thing and his innocence.. im sorry but he has had about 3 years to come up with a believable story… of couse hes not gonna wana spend the rest of his ass rotting away so therefore hes gonna say whatever he can to get off.. the same way he lied to detectives in the very beginning.. im sorry FRED COOPER IS GUILTY AND deserves to die in prison like the rest of the koo koos out there!!!!!

    Jay

    October 14, 2008 at 4:49 pm

  17. I respect all of you and your opnions and thank goodness we live in a country where we can do so. However, I do feel no one can say what happened, unless you were there and I’m sure that truth will never surface. I still feel Fred is innocent and will continue to feel this way.

    In response to Sharon, I never said that Kellie pulled the trigger, but she might as well have. Even though it is an interesting theory. Kellie is pissed because as usual most men leave the tramp “road hard, put up wet” to return to there “white-picket fence” life. So her shooting him and brutally beating Michelle is an interesting thought.

    I feel Fred was an “easy” suspect and there were no other theories taken into consideration.

    As for Jay, if Fred could come up with that story in three years then the prosecution sucks, because their show was a sorry excuse for three years of preparation. And as for the koo koos dying in prison. I don’t feel any person served with life in prison deserves to live. They should carry out the sentence and stop wasting my tax dollars. I thought the death penalty was for just that. Then how come we have millions still eating and breathing and using my money? But, I forgot, we would rather continue housing losers and putting crap back on the streets because somehow thats the answer.

    Well Fred’s fate lies in the hands of the jury, so he will either live or die.

    mojo

    October 14, 2008 at 6:37 pm

  18. Mojo…if Fred didnt do it…why is his DNA under michelles fingernails, and NOT in the car where they suposedly “had sex”???

    DNA doesnt lie.

    ella

    October 15, 2008 at 1:41 pm

  19. I had asked this question a few moments ago in a different section…

    Did they even process the car??…it is not shown in the evidence file as a piece of evidence…I am wondering if they even processed it…

    Kelly

    October 15, 2008 at 2:22 pm

  20. I agree with ella. The evidence doesn’t match Fred’s story. Michelle didn’t have semen on her either. It was other fluids and skin cells from Fred. He didn’t help himself either by admitting he wasn’t truthful every step of the way, and then accused everyone else of lying too.
    We will never know why he killed them the way he did (Steven shot and Michelle strangled). Something stopped him from shooting her. Probably a jammed gun as was suggested. Or he dropped it during the struggle and killed her manually instead. I don’t think Michelle was raped as they tried to suggest in testimony. I’m bothered by Michelle being posed though. Why do that??
    He’s toast. If I were on the jury I would want to review all of the evidence again before I sentenced someone to death just to feel comfortable with my first impressions.

    Deb

    October 15, 2008 at 2:25 pm


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