Vigo jury acquits on murder charge, convicts on lesser counts

Lisa Trigg, The Tribune-Star, Terre Haute, Ind.
·3 min read

May 14—A jury found a Terre Haute man not guilty of murder and involuntary manslaughter in a November 2019 shooting death on Heritage Drive.

The jury in Vigo Superior Court 1 deliberated about three hours Thursday afternoon before finding Durend Randall, 37, innocent in the shooting death of 26-year-old Evan Pershing.

However, the jury did find Randall guilty of misdemeanor resisting law enforcement in connection with the struggle that occurred after a SWAT team entered Randall's home and attempted to take Randall into custody.

That guilty verdict prompted a second phase of the trial as deputy prosecutor Eric Frey presented documents to the jury about Randall's 2017 conviction on a robbery charge, making him ineligible to possess a firearm.

In the second phase, the jury found Randall guilty of being a serious violent felon in possession of a firearm, a Level 4 felony. Sentencing is set for June 16. He faces a potential sentence of two to 12 years in prison.

Testimony during the trial revealed Randall had the handgun used to shoot Pershing in his pocket when he was arrested.

Randall did not take the stand in his own defense.

During closing arguments, defense attorney Kristin Szczerbik said Randall was defending his home after Pershing had brandished a firearm there. Randall's brother also tried to disarm Pershing, but was shot in the hand and leg during a struggle, according to the defense.

Szcerbik said after seeing his brother get shot, Durend Randall was afraid for the lives of other people in the home, so he took Pershing's gun and shot Pershing in self-defense.

During the trial, the jury learned Pershing's body was found in Randall's house Nov. 8, 2019, by police seeking a gunman who shot another man who went to Terre Haute Regional Hospital seeking treatment of wounds to his hand and leg. The injured man and the woman who took him to the hospital gave false information to police about the location where the man had been shot, authorities said.

Police officers testified they entered the home believing the three children inside were in danger from the gunman. When no one answered the door of the house, police made forced entry and found Durend Randall lying on a bed. The children were found unharmed in another bedroom.

Pathologist Dr. Bamidele Adeagbo testified Pershing had 11 gunshot wounds, ranging from his chest to his abdomen to his legs. Adeagbo said Pershing's cause of death was multiple gunshot wounds.

Randall had also been charged with aggravated battery in connection to the shooting of his brother. However, Judge John Roach ruled not enough evidence was available to support that charge, and it was dismissed.

The involuntary manslaughter charge was a lesser-included offense the jury was allowed to consider in place of the murder charge.

Lisa Trigg can be reached at 812-231-4254 or at lisa.trigg@tribstar.com. Follow her on Twitter at TribStarLisa.

Recommended Stories

  • Ted Cruz accuses the Squad of being 'shills for terrorists' who 'don't like the Jews' in Fox News interview

    Cruz's comments feed into a longstanding trope that any criticism of Israel is inherently antisemitic.

  • Gov. Mike Parson violates his oath. He and fellow Republicans defy voters on Medicaid

    Missouri’s governor promised to uphold the ballot amendment to expand Medicaid in the state. That was a lie.

  • How India's vaccine drive went horribly wrong

    A botched-up plan for procuring jabs has dried up stocks and sent prices soaring on the private market.

  • There's growing speculation that Meghan Markle and Prince Harry will name their daughter 'Philippa'

    According to people who bet on royal baby names, Meghan Markle and Prince Harry's soon-to-be-born daughter might be a "Philippa." The U.K. gambling site Ladbrokes "slashed the betting odds on the name to 3/1" following the death of Harry's grandfather, Prince Philip, last month, People reports, noting that the younger generation of the royal family has a recent history of honoring the patriarch (Princess Eugenie and Zara Tindall, Harry's cousins, gave their newborn sons the middle name Philip). Diana (after Harry's mother, the late Princess Diana) and Elizabeth (after Harry's grandmother, the Queen) are also still going strong, at 5/1 and 10/1 respectively. Celebitchy further casts doubt on Philippa, noting that the baby would be "Pippa for short" and "the Middletons would be so mad." Celebitchy predicts, rather, that "it will be something unexpected. Archie Harrison was unexpected. It won't be 'Elizabeth Philippa Diana.'" More stories from theweek.comThe Republican theory of unemployment is classic MarxA short history of White House catsThe problem with Ohio's $1 million vaccine lottery

  • Active-Duty Marine Charged for Fighting With a Cop During Capitol Riot

    FBIAn active-duty Marine Corps Major, who allegedly pushed a cop during the Capitol riot so thousands of fellow insurrections could enter the building, was among a fresh crop of alleged rioters to be hit with federal charges Thursday.Christopher Warnagiris, a 40-year-old who has been stationed at the Marine Corps base in Quantico since last summer, has been hit with a slew of charges, including assaulting officers and obstruction of justice. He was arrested on Thursday in Virginia and is set to make a court appearance in the afternoon. He is one of dozens of current and former law enforcement officials charged in connection with the Jan. 6 riot. Videos and photos showed Warnagiris—wearing a dark jacket with green zippers, a military green backpack, and gloves—trying to enter the Capitol through the East Rotunda doors with a slew of others. While Capitol Police officers attempted to hold the large crowd at bay, they eventually lost ground and a group of rioters managed to push the doors open, according to a criminal complaint. Warnagiris seemed to “use his body to keep the door partially open” to help others inside.“As the struggle continued, several USCP officers repositioned themselves from the outside of the doorway to the inside and continued to try to stop the stream of individuals from entering the building,” the complaint states.Former Navy SEAL Admits He Marched on Capitol on Jan. 6Warnagiris got into a struggle with one officer positioned between him and the growing crowd inside, even after the officer ordered “him to get out of the doorway.” When Warnagiris didn’t comply, the officer said Warnagiris tried to push him out of the way—and Warnagiris pushed back “in an effort to maintain his position in the open door.”Federal authorities said they were first tipped off to Warnagiris’ identity on March 16, when a member of the public recognized him in a batch of photos the FBI released asking for help. The witness told authorities that Warnagiris “was an active duty Marine officer” and said they had worked with him for about six months in 2019.The next day, after confirming Warnagiris was an active service member, FBI agents went to his military command and interviewed a co-worker. That person said they had worked with Warnagiris for about nine months.According to a 2018 article on the Marines website, Warnagiris was an operations officer for the U.S. landing force command element LHD Tonnere, a French Navy amphibious assault ship, as it began a two-month deployment in the U.S. 5th Fleet area of operations.Charges against three other alleged insurrectionists were also made public Thursday. Brittiany Angelina Dillon, who was arrested in D.C. on May 11; Hunter Palm, who was arrested in Denver, Colorado on May 12; and Michael Gareth Adams, who was arrested in Alexandria, Virginia on Apr. 22. In January, a relative of Palm’s wrote a letter to the FBI identifying him as one of the rioters, according to an affidavit signed by FBI Special Agent Matthew J. Hamel. The filing says Palm called the unnamed family member on Jan. 6 and said he had gotten inside the Capitol building, where he “eventually entered a conference room with a long table and several chairs where he sat to rest.” Hunter Palm. FBI In a follow-up interview with FBI agents, Palm admitted to being on the premises during the siege, the affidavit states. He handed over a flash drive with video from the day, which Palm confessed to having deleted from his cell phone, as well as the clothes he wore to the Capitol: a gray hoodie, jeans, an American flag hat, and a flag emblazoned with the words “TRUMP” and “Keep America Great.”The evidence Palm turned over doesn’t help his case. A criminal complaint states that, in one video, he can be seen approaching the Capitol building and shouting, “Stop the Steal!” In another, he walks inside and says, “We’re in the Capitol building.” Palm told agents that he was “pushed” inside. However, the affidavit says he can be seen walking freely into the Capitol, chanting, “Whose house? Our house!” He makes his way into House Speaker Nancy Pelosi’s conference room, as off-camera voices call out for her execution.“You guys want a tour?” Palm asks the others, then sidles up to a laptop and says, “Who’s good at hacking? Who’s good at hacking?” After Palm sits down at the head of the conference room table, he puts his feet up and states, “I think I like my new dining room. I pay for it.”Michael Gareth Adams—who brought his longboard to the riot and is the second skateboarder to face charges related to the events of Jan. 6—was also done in by footage of him breaching the Capitol. Members of the public provided “several” videos to investigators showing Adams entering restricted areas that day, an affidavit says. Michael Adams. FBI After two associates of Adams’ said they couldn’t be sure it was him in the videos, Adams was ultimately identified by someone who said they were “100 percent sure” it was. If there was still any doubt, the FBI says it reviewed cell phone location data that placed Adams at the scene. He was released on bail following his arrest; the judge ordered him to stay away from D.C. except to meet with his lawyers or to attend court appearances.Investigators homed in on Brittiany Angelina Dillon after searching another alleged rioter’s cell phone—and saw text messages between her and Bryan Betancur, who was arrested for storming the Capitol after a GPS ankle monitor he was wearing for a burglary conviction showed he was there.“The DC Police have reached a new low...they shot someone near me. Please come home intact,” Dillon wrote to Betancur in one text, according to a criminal complaint. Brittiany Angelina Dillon. FBI In another message, Dillon wrote, “I was there. I got pepper sprayed at the door of the capital and tear gassed 3 times making my way up to it.” A third text Dillon sent reportedly stated, “I fought hard...I fell in the door and they tried to beat me with batons so I backed off and they pepper sprayed my eyes.”Not only was Dillon seen on video recorded inside the Capitol that day, and placed at the scene by her cell phone and Gmail account, automatic license plate readers clocked her traveling from Maryland to D.C. and back again on the day of the riots.Read more at The Daily Beast.Get our top stories in your inbox every day. Sign up now!Daily Beast Membership: Beast Inside goes deeper on the stories that matter to you. Learn more.

  • 3 women arrested after pig’s head left at former home of Chauvin witness, CA cops say

    A severed pig’s head was left at the former home of an expert witness at the trial of Derek Chauvin, police said.

  • 'Friends' reunion to air May 27, with slew of celebrity guests

    LOS ANGELES (Reuters) -The long-awaited "Friends" cast reunion will be broadcast on May 27 and will feature a slew of celebrity guests including Justin Bieber, Lady Gaga, and K-Pop band BTS, streaming service HB0 Max said on Thursday. "Friends: The Reunion," featuring all six of the original cast, was originally supposed to have been filmed more than a year ago but was repeatedly delayed by the coronavirus pandemic. The unscripted, one-off special was filmed earlier this year on the same sound stage in Los Angeles as the original comedy about six young 20-somethings, played by Jennifer Aniston, Lisa Kudrow, Courteney Cox, David Schwimmer, Matt LeBlanc and Matthew Perry, living in New York.

  • Stephen Curry played 1 game in 12 months and used the break to become the most terrifying force in basketball

    Steph Curry got in better shape, got mentally refreshed, and has somehow gotten even better this season.

  • Don't scold yourself for gaining weight, your body is wired to return to a natural set point - but there may be ways to shift it

    Extreme dieting can put stress on the body, and the body relieves that stress by climbing back to its starting weight post diet, Dr. Nick Fuller said.

  • Misinformation surges amid India's COVID-19 calamity

    The man in the WhatsApp video says he has seen it work himself: A few drops of lemon juice in the nose will cure COVID-19. “If you practice what I am about to say with faith, you will be free of corona in five seconds,” says the man, dressed in traditional religious clothing. Baseless claims that Muslims spread the virus.

  • Trump lashes out as more than 150 senior Republicans threaten to form new party if GOP doesn’t disown him

    Move came after Liz Cheney lost House leadership role for criticising ex-president’s election lies

  • Every single Robert Pattinson movie, ranked

    From "Twilight" and "Tenet" to "Harry Potter and the Goblet of Fire," here are the actor's best and worst films according to critics.

  • China says Xiaomi removal from U.S. blacklist "beneficial"

    China’s commerce ministry on Thursday welcomed the removal of Xiaomi Corp. from a U.S. government blacklist, a day after the U.S. reversed a ban on U.S. investments in the smartphone maker that was imposed under former President Donald Trump. “China has always believed that removing sanctions and restrictions and stopping suppression of Chinese companies will benefit China, the United States, and the world,” Gao Feng, spokesperson for China’s Ministry of Commerce, said at a news briefing Thursday.

  • Jewish group condemns 'pure antisemitism' in German protests

    Several other German cities including Berlin, Hamburg and Hannover have seen anti-Israeli protests over the past few days. At least two synagogues were attacked, and several Israeli flags were torn down and burned since the latest eruption of violence in Israel and the Gaza Strip.

  • Coronavirus vaccines are exceeding expectations in the real world - even in the face of variants

    In Pfizer's case, the shot also seems to yield fewer instances of side effects like headache, fatigue, and muscle pain than it did in clinical trials.

  • 2 Dallas homicide suspects, Hill County constable shot in interstate gunfight from cars

    The constable is expected to recover, according to the Johnson County sheriff. One suspect was in critical condition.

  • Goldie Hawn says she was 'very depressed' and 'couldn't even go outside in public' when she first became famous in her 20s

    "I didn't want to be a big deal. I wanted to go home. I wanted to marry a dentist," the Oscar winner told "Good Morning Britain."

  • Bill Gates reportedly told his golf buddies that his marriage to Melinda Gates was 'loveless'

    Before his divorce announcement, Bill Gates told golf buddies that he and his wife, Melinda French Gates, "were living separate lives."

  • Nicolas Cage delivered a made-up monologue in a 'white Jamaican guy' accent to audition for 'The Green Hornet,' according to Seth Rogen

    Seth Rogen said Nicolas Cage insisted on playing a "white Bahamian man" in "The Green Hornet" and was "sullen" after Rogen's reaction to his audition.

  • AOC calls Marjorie Taylor Greene a 'belligerent person that's not in control of themselves' after the GOP lawmaker chased her down a hallway in the Capitol

    "I used to work as a bartender. These are the kinds of people that I threw out of bars all the time," Rep. Alexandria Ocasio-Cortez told reporters.