First day of Barner murder trial features 11 witnesses

Descriptions of the alleged murder and purported confessions marked a full first day of the first-degree murder trial of Gregory Barner.Barner, 51, is alleged to have killed Robert Henry Hicks Jr., 71, on Jan. 24, 2023, in Hicks' cell. Judge Lisa Rice made it clear that this is not a death penalty case, even though the charge is for first-degree murder.In total, 11 different prosecution witnesses took the stand on Tuesday, most of whom were at the scene of the alleged crime that day or were in communication with Barner soon after.The prosecution intends to call three expert witnesses on Wednesday. Barner indicated to Rice he plans to testify in his defense.Day One started with a 90-minute jury selection. Following eight dismissals, the 14-person jury was selected. At the end of the arguments, two of the jurors will be randomly chosen to be alternates and the other 12 will deliberate, Rice explained.After Barner officially pled "not guilty," the prosecution argued in its opening remarks that the case is "straightforward." Defense attorney Ryan Curtis said the mental state of Barner must be carefully considered, as required by law, to give his client due process and his rights as a human.The witnessesThe first witness was Alfred Brooks, who was Hicks' cellmate that day (and has since been released as his sentence ended months later). Brooks told the jury that Barner came to Unit 9 of Northeast Correctional, which was not his unit, asked where Hicks was, then went into their cell to wait. Brooks testified he was on his bunk when Hicks arrived, at which time Barner closed the door behind them. Soon after, an argument escalated into a fight in the cell.Brooks said he saw Barner holding a "wooden shank" and then blood, saying the incident happened so fast. Brooks said he tried not to pay attention during the alleged murder and at one point, Barner yelled at him It's none of his business and threatened to stab him if he interfered. Brooks said it took a while for prison guards to notice.Brooks, like many of the guards who testified over the day, said he thought Barner was a nice guy who didn't cause any issues, a point the defense kept harping on.Now-former Northeast Correctional officer Bradley Gentry testified he was the first officer on scene, seeing Hicks face down and blood on the floor and walls. Gentry located the wooden shank, bagged it and handed it off to Hailey Wiles, a probation and parole officer on scene who testified next.Gentry identified the wooden shank in the courtroom for the jury, which still had visible dried blood.On cross-examination, Gentry said Barner complied with all his orders and "seemed to be polite to staff."Northeast Correctional Officer Lewis Csillag said he was in Unit 9 with Wiles after seeing on camera another prisoner wearing shorts he wasn't authorized to have and retrieving them. This was unrelated to the Barner incident, but while retrieving the shorts, Csillag said Barner, from inside the cell with Hicks and Brooks, yelled out, "hey, I did it," and later," I stuck a pencil in his ear." Csillag then looked in the cell door window and saw feet from under the bunk, which turned out to be Hicks.Csillag testified that Barner claimed he was "tired of fighting for his [TV/property] every day" and wanted to get put in solitary for some peace and quiet. Later, Csillag said Barner made the "tired of fighting" claim while using a racial slur against Black people. None of the prisoners involved in the incident were Black.After getting Csillag away from the cell, he claimed Barner said he was tied from all the kicking and punching, but otherwise followed orders.Northeast Correctional Captain Gary Lewis testified that Barner said, "I'm sorry I did it, but it was going to happen." Lewis took pictures of Hicks' bloody face and neck after the incident, which were shown to the jury. Hicks' family members in attendance got emotional at seeing the photos. On cross-examination, Lewis said Barner was "quiet, calm and respectful."Heather Miller, a CNA at Northeast, testified she saw Barner a day before and said he told her he'd be "maxed out" before his next appointment, but otherwise was respectful at all appointments.Captain Catherine Dixon, at the time a Northeast Correctional investigator, was not working that day, but was called to go to Johnson County Hospital. There, Dixon testified that she took pics of Hicks. The pictures, shown to the jury, show Hicks' head and neck area, including the fatal wound through his ear.Jesse Slemp, a corporal at Northeast Correctional, saw Barner later when he was put in a dry cell by himself. Slemp testified that Barner was "covered in blood" before changing clothes and multiple times said, "yeah I killed him." Slemp also said Barner was "100 percent respectful" to staff.Leon Odom, a 25-year Northeast Correctional officer, testified he secured Brooks and got him out of the cell, overhearing Barner say "I killed him" in a bragging way.Roy Robbins, a corporal at Northeast Correctional, testified that Barner said he would "kill the next person he could get his hands on." Robbins said he never saw Barner disobey orders.Steven Lowe of the Tennessee Bureau of Investigation, at the time a criminal investigator, arrived the day after to interview Barner and Brooks. Lowe said Brooks fully cooperated and showed no signs of being involved, while Barner refused to give an interview. Barner also refused to give a DNA sample, so they retrieved one from his lunch tray.Curtis zeroed in on Lowe allegedly promising Barner a transfer to a facility closer to his dying mother. At this heated cross-examination upon mention of his mother, Barner began crying at the defense table. Lowe said it was a "brief conversation" since Barner wouldn't do a full interview and that it wasn't recorded. Lowe said he had no memory of Barner's mother coming up in that conversation.Rice indicated at the end of Tuesday's session that the case could go to the jury as soon as Wednesday afternoon.