OBSERVER Photo by Gregory Bacon Tucker Richard, left, is pictured with members of the Public Defender’s Office. Richard has been charged with second-degree murder in the shooting death of his stepfather Scott Blake.

MAYVILLE – An Ellicott man who is facing a murder charge in the killing of his stepfather in a domestic dispute nearly two years ago could be found guilty of a lesser charge.

On Monday the trial of Tucker Richard resumed. He is accused of shooting to death 57-year-old Scott Blake on Jan. 6, 2023.

The prosecution had rested on Friday.

On Monday, Andrew Brautigam with the county’s Public Defender Office argued the prosecution had failed to prove its case beyond a reasonable doubt.

Brautigam noted that the defense agrees that Richard shot and killed Blake, however he argued that from the beginning Tucker has stated the shooting was done because he feared for his own life. “That statement has been uncontradicted by the evidence in this case,” Brautigam said.

District Attorney Jason Schmidt responded that evidence has shown Richard stabbed Blake with a knife and argued that the dispute continued into another room where Richard shot Blake in the head.

He stated these facts, among others, show Richard did not kill Blake in self defense.

After listening to both sides, Foley ruled the evidence was sufficient and the request to dismiss the case was denied.

After Foley’s ruling, the jury was brought back in and the defense had Judy Richard, Tucker’s grandmother, testify.

From the witness stand, Judy stated that on Jan. 6 at around 10 p.m. she received a phone call from Tucker where he said he shot Blake.

“I said he isn’t dead, is he? And he said he was,” she recalled, her voice starting to crack. “I told Tucker to call 911 and I’d be right there.”

She said she arrived at the scene around 15 minutes later but was unable to speak to Tucker. She later went to the police station, but also was not able to speak to her grandson.

After Judy Richard testified, the jury was removed from the room.

At that time Judge David Foley advised Tucker that he has the right to not testify under the Constitution, but that he is welcome to testify if he so chooses. Foley also stated that if Tucker chooses to testify, the prosecution will have the right to question him on the witness stand.

After speaking with Public Defender Nathaniel Barone, Tucker said he has decided not to testify.

Since Tucker has decided not to testify, the defense formally rested its case.

After Judy Richard’s testimony, the jury was dismissed for the day.

Court continued with Foley discussing a request by the defense to allow the jury to consider the charge of criminally negligent homicide. They gave a similar case where criminally negligent homicide was offered as an option for the jury to consider.

Schmidt objected, saying criminally negligent homicide should be used for accidental homicides and he said Tucker’s own testimony, which was played in a recording, indicated the shooting was not accidental.

Foley stated there was enough room for interpretation by the jury to consider the lesser charge.

In an interview after court, Schmidt said a criminally negligent homicide sentence can be 1 1/3 to 4 years behind bars. A second-degree murder charge carries a sentence of 25 years to life in prison.

Because Tuesday is Election Day, the trial will resume Wednesday morning.