BEAUMONT, Texas — A jury has found a Beaumont man not guilty of murder on Friday.
The trial of Gregory Joseph Ager, 30, of Beaumont, ended after four days with a not guilty verdict, according to Judge John Stevens.
Ager was accused of fatally shooting Darian Kaimen Banks, 25, of Beaumont in June 2021.
Ager faced from five to 99 years in prison and a fine of up to $10,000.
Thursday testimony
The witness told the court that she had seen Ager and the victim, Banks, arguing outside of a Beaumont club on the same night of the fatal shooting.
Ager showed a gun to Banks during the argument outside the club she testified.
She testified she later took Banks to her apartment to hide out following the argument at the club.
When she then went to pick up her son, whose father is Ager, Banks asked her to also grab him some cigarettes she testified.
By the time she arrived back at her apartment, police were there. After pushing past the officers to get inside she saw that Banks had been fatally shot she told the court.
She also testified that she and Banks were not in a relationship but were just friends.
Under cross examination by the defense she was asked if one of her previous boyfriends , known as "Alabama" had ever pulled a gun on Ager. She answered, no.
She was also asked if anyone had called 911 about the argument outside the club on the night of the fatal shooting. She said that no had called 911.
Testimony in the case is continuing.
Wednesday testimony
A crime scene technician testified Wednesday morning about evidence she collected at the crime scene, including of Bank's wounds and his hands and face.
When asked why she shot photos of his hands and face she explained that it was to show if the Banks had held a weapon and to show any signs of a struggle.
The technician testified that the photos did not show signs of a struggle or of Banks holding a weapon.
She also testified about unspent bullets and shell casing found in the home where Banks was killed noting that bullet holes were found in a child's bedroom.
Under cross-examination by the defense asked if there was any question about the date of the fatal shooting and the crime scene technician said there was not.
Jury selection began Tuesday morning in the trial in Jefferson County's Criminal District Court before Judge John Stevens.
Tuesday testimony
Prosecutor Mike Laird read the indictment in court Tuesday afternoon charging Ager with murder.
When Judge Stevens asked Ager how he pleaded, Ager responded with "Not Guilty."
Opening statements with Laird telling the jury he would give them a road map, of what he believes the evidence will show. Laird told the jury that they will hear from a man who lives in the apartment above where the incident happened and how kids ran to him to call the police.
Laird told jurors they will hear the 911 call the neighbor made to police. They will also hear from other neighbors and see surveillance images from the night of the shooting, according to Laird.
The jury was told they will see police arrive at the apartment and find the door kicked in. Laird told them that on video they will hear the voice of a little girl screaming, “Greg went in and killed him!”
He described other chaos the video will show from the day of the killing.
Laird told the jury that they will hear from Ager's former girlfriend who will testify about an argument between Ager and Banks.
The defense began their opening statements telling the jury that they will hear about problems Ager had with his former girlfriend.
She told jurors the former girlfriend and others they will hear from have a lot of reasons not to like Ager.
The defense told the jury that they will hear kids and the former girlfriend say that Ager did it, but the attorney told them they will hear that none of them were there when it happened.
The jury was told they will see blurry video that they will not be able to tell who is seen in it.
The defense attorney told the jury they will hear how DNA was collected and none matched Ager.
She reminded the jury that they get to consider all of the evidence and decide if it rises to the level of what the law requires for a conviction.
She mentioned a different murder case where an innocent person spent more than two decades in prison until they were cleared by DNA.
She ending by saying they will be able to decide what conclusion to draw from the evidence presented in court.
Background of the case
On June 5, 2021, police were called to an apartment complex in the 2500 block of Smart St. in Beaumont around 4:30 a.m.
A witness told police that Ager kicked open the front door of the apartment unit and entered the home. The witness claims Ager confronted Banks and then shot him multiple times in a doorway and inside a closet. Ager left the scene after the shooting, according to a probable cause affidavit.
Investigators found Banks suffering from the gunshot wounds. He was pronounced dead at the scene shortly after EMS arrived.
A murder warrant was issued for Ager the same day. He agreed to meet with the investigators and was later arrested.
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