Day one: Waldrop capital murder trial

Day one: Waldrop capital murder trial
Capital murder trial day one
Daylon Waldrop
Daylon Waldrop

HATTIESBURG, MS (WDAM) - The trial of a Hattiesburg man indicted for capital murder began Tuesday in Forrest County Circuit Court.

Daylon Waldrop wearing a dark blue shirt, striped tie with a black vest, flanked at the defense table by his legal counsel is standing trial for the August 1, 2013 murder of Robert Franklin Williams, a.k.a. Bobby.

Waldrop was one of three indicted in the crime, and the only one of the suspects to not take a plea deal.

Monday David Fairley took a plea deal and pleaded guilty to 2nd degree murder. He was sentenced to 35 years with 22 to serve.

The previous week, Derrick Bolton took a plea deal and pleaded guilty to 2nd degree murder. He was sentenced to 35 years with 22 to serve.

The first witness to take the stand was 911 dispatch manager Derinda Albritton.

Albritton described the 911 tape on the night of the murder, and explained how the call went. The recording was also played in open court.

The second witness to take the stand was the victim's girlfriend at the time, Kimberly Nixon a.k.a "KC".

Nixon detailed the chain of events that occurred the night of the murder.

She described a faint knock at the door, and after three black men entered the house around 10:30 p.m all with guns and wearing masks.

Nixon noted that the suspects asked several times to hand "it" over, but Nixon stated she was never really clear on what they meant.

Bobby was asleep at the time, after a few shots were fired at the door inside the residence, the victims were then forced into a room where Bobby asked for Mitchell Tadlock's gun. Tadlock who was another resident in the house.

During the incident of what Nixon describes occurred in less than five minutes; "there were a lot of gunfire on both sides."

Nixon was describing the gunfire exchange between Williams, Tadlock as well as the three armed men.

Nixon wedged herself along side a bed to try to take shelter from the gunfire.

When it was over, she noticed blood coming down "Bobby's" arm. Nixon stated he took a few steps backwards and plops on the floor, then he falls to the floor.

It was at that moment when "KC" called 911 from Mitchell's phone.

"KC" attempted to give "Bobby" CPR, but was ultimately unsuccessful.

Cross examination by defense attorney Gay Polk-Payton argued questions of positively identifying the suspects, along with noting the color and completion of skin.

The third witness to take the stand was Hattiesburg Police Crime Scene Investigator Jeff Byrd.

Byrd testified to multiple shell casings being recovered at the scene. Along with a hat, finger prints, as well as a trace of blood from a later discovered car.

Prosecutors showed multiple photos of the crime scene from inside and outside the house located on 7th Street in Hattiesburg.

Byrd also testified about the search warrant acquired on August 8th for Waldrop, obtaining hair samples as well as a mouth swab.

The fourth witness to testify was Alexander Howell who testified to placing the car in question near the crime scene.

The fifth witness to take the stand was Jimmy Perdue, a forensic scientist with the Mississippi Crime Lab.

Perdue testified about the finger prints located on the car during the corse of the investigation.

Perdue testified that there were 9 latent prints of value found in the case, 4 palm prints and 5 latent finger prints. Perdue stated he positively identified the prints and linking them to Waldrop.

The sixth witness to take the stand is Derrick Bolton. Bolton previously took a plea deal and pleaded to 2nd degree murder.

Bolton stated that a letter displayed by the prosecutors with his signature on it, is in fact not his signature or writing.

Bolton stated that he did not want to testify against his cousin, Waldrop. However, Bolton proceeded with his testimony.

Bolton detailed the night of the crime that occurred at the 7th Street home.

"We went to go rob a man... and it just went bad," said Bolton.

He explained the "we" was himself, David Fairley and Waldrop.

Bolton described the clothing as well as weapons that were used in commission of the robbery that turned deadly. Bolton added that Waldrop fired shots into the door of a bedroom inside the 7th Street home.

According to Bolton, Bobby and KC were instructed to go back into a room.

"I remember hearing gunshots and I was just running," said Bolton. Referring to running out of the house and back to the car parked nearby.

"He (Waldrop) kept shooing till the boy dropped,"said Bolton in reading a written statement from days after the crime.

When questioned for motive of why they went to the house, Bolton replied.

Bolton stated they were going to rob the house for marijuana. However the plan to commit the robbery was Fairley's idea.

During cross examination defense attorney Gay Polk-Payton questioned the truth of the witness, along with the question of three guns being used in the commission of the crime.

Bolton was dismissed and court was recessed until 9 a.m. Wednesday.