By JB Clark
ABERDEEN – A Monroe County jury will take a break for the weekend and on Monday morning decide if David Parvin shot his wife accidentally or intentionally.
Circuit Court Judge Paul Funderburk told state prosecutors Friday they could ask the jury to charge David Parvin with the lesser charge of manslaughter if they find he isn’t guilty of murder.
Parvin’s attorneys presented their case Friday, resting after calling Parvin’s brother, Dr. Steve Parvin, who told jurors his brother was an arrogant recovering alcoholic who had an extramarital affair. However, he said he never saw his brother act violently toward his wife.
Parvin shot wife Joyce with a shotgun in their Monroe County home Oct. 15, 2007, and maintains it was an accident.
He told law enforcement he was walking or rushing down their hallway with a loaded shotgun in order to shoot a beaver in his backyard. At some point he tripped in the hallway and fell at which point the firearm discharged, killing his wife who was sitting in front of a computer desk at the end of the hallway.
He was previously convicted by a jury but the Mississippi Supreme Court ordered the case reheard after improper evidence and testimony were admitted.
Expert witness Roger Enoka, a professor of integrative physiology at the University of Colorado, said when people fall, their arms immediately begin to move and anything in their hands is tightly gripped.
Enoka said he believes Parvin’s nervous system would have generated an automatic response that would have caused his left hand to leave the grip of the shotgun and reach out for something to brace his fall. His right hand would have tightened around the trigger area of the shotgun to balance the weight of the weapon, causing the weapon to be discharged.
Enoka said if the facts of the statement given to law enforcement were untrue, however, his estimation of Parvin’s involuntary response is inappropriate and irrelevant.
Timothy Ervin, estate attorney for Joyce Parvin and attorney in David Parvin’s first trial, told jurors Parvin relinquished any claim to his wife’s estate two months after her death.
Former Tupelo Deputy Police Chief Robert Hall testified as to his own accidental firearm discharge which occurred after he slipped while working as a special forces officer in Tupelo.
The trial began Wednesday after two days of jury selection and Funderburk expects to turn the evidence and instructions over to the jury Monday after closing arguments, which are slated to begin at 10:30 a.m.