Murder trial for Kevin McGregor starts today

Longmont man faces first-degree homicide, robbery charges in March 2011 Uni Hill shooting

Longmont man Kevin McGregor is charged with first-degree homicide, felony homicide and aggravated robbery. His trial begins today. Photo by Mark Leffingwell. ( MARK LEFFINGWELL )

Todd Walker was shot and killed early in the morning of March 18 as he walked home with his friend Elizabeth Roach from a party on University Hill.

The killing shocked the Boulder community and reignited debate about conditions on the Hill.

Less than 24 hours after the shooting, Boulder police arrested Kevin McGregor, 23, of Longmont, a convicted felon who was released early from prison after his sentence was reconsidered.

A two-week trial to determine McGregor's guilt or innocence starts today with what is expected to be the first of several days of jury selection.

According to police and prosecutors, McGregor tried to rob Walker and Roach. McGregor pointed a gun at Roach, Walker intervened and McGregor shot Walker, police allege. Walker, a native of Edwards, was visiting friends in Boulder that night.

McGregor worked at a sandwich shop a few blocks from the homicide scene. His co-workers thought he resembled a composite sketch released by police and investigators found a gun hidden at the restaurant.

McGregor is charged with first-degree homicide, felony homicide and aggravated robbery.

Legal analysts say the case will revolve around the credibility of witnesses, the forensic evidence from the shooting and competing versions of what happened that night.

"The prosecution is going to have sympathy on their side," said Craig Silverman, a former Denver prosecutor. "A beautiful young man was gunned down in the prime of his life. That's a terrible tragedy. The defense will have the advantage of presumption of innocence and proof beyond a reasonable doubt."

In pretrial hearings, prosecutors prevailed on many important motions: to admit McGregor's alleged confession to police, to admit the results of the search of the sandwich shop, and to keep the trial in Boulder.

But defense attorneys successfully argued that jurors should not be told about McGregor's prior conviction for second-degree assault in connection with a robbery in south Boulder in 2008.

McGregor was sentenced to five years in that case but received a reconsideration of his sentence. He was released to a three-year probation sentence in January 2010.

An additional charge of possession of a weapon by a previous offender will have to be tried separately.

Scott Robinson, a Denver criminal attorney, said keeping the prior offense out of the courtroom is a "huge" victory for the defense, but it also presents a strategic problem.

That's because if McGregor takes the stand to present his version of events, prosecutors can use the prior conviction to cast doubt on his credibility.

If they don't put him on the stand, defense attorneys have to rely on prosecutors bringing up the content of McGregor's statement to police, Robinson said.

According to testimony at a preliminary hearing, McGregor told police that he made suggestive comments to Roach, and Walker got upset and swung at him. McGregor told police he pulled a gun and shot it in the air and that Walker then pulled his arm down. The gun went off when it was pointed at Walker's chest, but McGregor told detectives he didn't remember pulling the trigger.

In order for McGregor to make an argument for self-defense, he'll have to convince jurors he felt an "imminent threat of serious bodily injury" from Walker.

Silverman said jurors may have a hard time with McGregor pulling a gun in that situation, even if jurors don't know about his prior conviction.

"A Boulder jury is going to have a problem with this defendant having a gun and pulling it out," he said. "At the same time, the prosecution wants to prove intentional homicide, and the defense is going to try to get a not-guilty verdict. They may have to be satisfied with manslaughter."

Generally, jurors can consider "lesser and included charges," but sometimes defense attorneys "roll the dice" and insist on a straight up or down vote, Silverman said.

But the case isn't just about whether jurors believe Roach or McGregor.

"Many times these cases are resolved by the undeniable facts, such as how many shots were fired and what was the trajectory of the bullet and how far away the defendant was," Silverman said. "The amazingly consistent thing about guns is that they fire shots in a straight line and from that you can extrapolate facts."

Contact Camera Staff Writer Erica Meltzer at 303-473-1355 or meltzere@dailycamera.com.

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