Frazier found guilty
HUNTINGTON — Robert Scott Frazier has been convicted for a second time in the Aug. 25, 2008, shooting death of girlfriend Kathryn Gale Smith.
A jury returned its guilty verdict Friday afternoon convicting Frazier of second-degree murder. The state Supreme Court overturned his previous conviction late last year.
His case concerns the Aug. 25, 2008, shooting death of Frazier’s girlfriend Kathryn Gale Smith. It happened during a domestic dispute at the couple's residence in the 500 block of Richmond Street in Guyandotte.
Frazier took to the witness stand in his own defense Friday morning. He testified he might have accidently hit the trigger as the two struggled for the shotgun during their dispute, but he denied pulling the trigger with intent to shoot Smith.
The prosecution followed questioning Frazier about initially running from police, blaming another man for her death and deciding not to call 911 for help.
The defense rested with two final questions to their client. It involved comments about him calling her vulgar names, ordering her to do things and his refusal to mow their grass.
“You weren’t winning boyfriend of the year,” defense attorney Glen Conway asked.
“No,” Frazier replied.
“But did you intend to pull the trigger,” Conway asked in response.
“No,” Frazier answered.
The prosecution, which rested its case Wednesday, decided against calling a rebuttal witness. Jury instructions were ongoing at 11:05 a.m., with closing arguments and a possible verdict to follow Friday afternoon.
The defense argued Tuesday the fatal shooting was an accident, while a prosecutor insisted it was an intentional act committed by Frazier.
The arguments are similar to three years ago, when a jury convicted Frazier of second-degree murder in July 2010. That verdict was tossed last year by the state Supreme Court, as it ruled the trial judge erred in permitting the state's chief medical examiner to testify on behalf of his terminated deputy, Dr. Richard Belding.
Belding testified Tuesday as the prosecution’s first witness.
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