Both sides rest in Magee trial with closing arguments on Tuesday
Magee won’t testify in his own defense
ALBION – The trial against Noah Magee for second-degree murder goes to closing arguments on Tuesday morning.
Noah Magee
The prosecution rested its case this morning after three days of testimony and the defense isn’t calling any witnesses, including Magee, Paul Vacca Jr., Magee’s attorney, announced in court this morning.
The defense asked again that the case be dismissed, saying District Attorney Joe Cardone didn’t prove a collision on Feb. 8 in Barre rose to the level of second-degree murder.
Magee, 19, faces that charge for driving a pickup truck and allegedly intentionally striking Roger Kingdollar, who was riding a dirt bike along McNamar Road. Magee just turned onto McNamar from Angevine Road and then hit Kingdollar who was riding a dirt bike with some of his friends who were on four-wheelers.
Cardone said while Magee didn’t mean to kill Kingdollar, Magee’s “complete disregard to human life” rose to the level of second-degree murder.
“This was no accident,” Cardone said in court this morning. “It was a complete disregard to human life.”
Magee was driving a 2006 Chevrolet Silverado that struck Kingdollar who was driving a motor bike on Feb. 8. The truck outweighed the dirt bike, 9,200 pounds to 236.
Cardone presented evidence showing Magee crossed the center line at about 4 p.m. Cardone contends that Magee then purposely drove at Kingdollar, who was riding on the grass on the north side of the road.
Vacca said the incident was an “automobile accident” with no malicious intent from Magee.
Dr. Nadia Granger, medical examiner from Monroe County Office of Medical Examiner, performed the autopsy on Kingdollar. She said in court today he died from a fracture in the joint in the lower skull and upper neck. That fracture was caused by “blunt force trauma,” either from the collision with the truck or when Kingdollar was knocked into a ditch by the road, she said. He also had bruises and scrapes on his face and forehead, torso, right pinky finger and lower legs.
Kingdollar wasn’t wearing a helmet, but Dr. Granger said a helmet likely wouldn’t have prevented his death.
Kingdollar also was raised from the ditch with ropes under his arms by friends and a responding state trooper. Dr. Granger said that effort wouldn’t have contributed to the fatal injuries he sustained.
