HUNTSVILLE, Ala. (WHNT) — The capital murder trial of a Toney man accused of killing his wife in what authorities first believed to be a suicide will roll into Thursday.
Jurors deliberated for around two hours Wednesday before breaking for the day. They are deciding the fate of 50-year-old David Tolbert.
It was a busy day for the jury as the state called a forensic pathologist to the stand to testify on Savannah Tolbert’s autopsy. The jury was shown graphic photos of the gunshot wound to the back of Tolbert’s head.
During this portion of the day, Tolbert was seen with his eyes closed and crying multiple times.
The pathologist testified that the findings she normally sees in a suicide weren’t present in Savannah’s autopsy. She said she has done 200-300 suicide autopsies, none of which were gunshots to the back of the head.
Prosecutors had the pathologist recreate the angle at which Savannah would’ve had to fire the gun. The jury saw the pathologist struggle to get the murder weapon to the proper angle.
The pathologist said after the autopsy, she ruled the death a homicide, but couldn’t rule out that it was a suicide. The witness was dismissed, and the state rested its case.
David Tolbert chose not to testify, and the defense rested their case without presenting any evidence or calling any witnesses.
In its closing arguments, the State asked jurors to follow the forensic science and convict Tolbert.
Tolbert’s attorney, Bruce Gardner, asked jurors to consider that Savannah committed suicide and said prosecutors didn’t prove beyond a reasonable doubt that David killed her.
Jurors will continue to mull over the verdict tomorrow.
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