Opening arguments in murder case: ‘sadistic decision’ or spontaneous killing?

5 p.m.: Paige Carbaugh said it took several minutes for her to coerce Byrnes into telling her his fears.

“Eventually he said, ‘I think something bad happened,” she said.

Carbaugh said she called her son, Justin. She said Justin told her he had finally “opened up” to Brandon about how he felt about him.

She said Justin told her Brandon “handled it well” until Justin also brought up the marijuana plants Brandon was growing. She said Justin told her Brandon threatened to kill him.

Carbaugh said she agreed to meet Byrnes and Justin at home.

“I asked if Brandon was dead,” Carbaugh said. “He did say ‘Yes.’

4:45 p.m.: Cody Byrnes said he thought his brother, Justin Carbaugh, was joking when he called him on Aug. 4, 2010.

“He said, ‘I shot and killed Brandon and I’m going to bed,'” Byrnes said. “Then he hung up.”

Byrnes, who identified himself as Carbaugh’s brother “by marriage,” was the first witness called Monday.

He said later on that day, he began to take the comment seriously.

The next morning, Justin called him again, he said.

He said Justin told him not to go to his grandmother’s house where the Carbaughs lived in Fawn Grove.

Byrnes said he went to the family home and found Brandon’s truck parked as usual in the garage. He found Brandon’s handgun on the desk inside the front door.

He didn’t find Brandon.

Byrnes said he went to a neighbor’s house and called the Carbaughs’ mother.

“I told her to come home, that something was wrong,” he said.

2:40 p.m.: The jury has heard opening arguments.

The prosecution called the killing and dismemberment a premeditated “sadistic decision.”

The defense told jurors they would have to determine if the murder was committed in cold blood or the heat of passion.

1:30 p.m.: A jury has been seated in the murder-dismemberment trial of Justin Carbaugh. Opening arguments are expected this afternoon.

Justin Carbaugh

11 a.m.: Jury selection is under way in Justin Carbaugh’s murder trial.

For background on the case, click here.

To see which other cases are scheduled to go to trial today, click here.

About Rick Lee

Rick Lee is a veteran courthouse reporter for the York Daily Record/Sunday News. Contact him at rlee@ydr.com or call 495-1782.
This entry was posted in Criminal court and tagged , , . Bookmark the permalink.

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