“Guilty as hell” and “There’s a better chance of winning the lottery at 125 million to 1” than Christopher Schmotzer is not guilty of murdering Rufus Stephens.
Those were among the last statements the jury heard before what turned out to be a brief deliberation.
One hour later, including lunch, the knock came on the judge’s door of a verdict. Another 30 minutes was taken to allow everyone who left the courthouse to return from lunch. Schmotzer was found guilty of the January 2009 murder behind a College Station bar.
Defense attorney Stephen Gustitis, who presented no witnesses or evidence, told the jury in closing arguments among other things that prosecutors had not produced a motive or reason for Schmotzer shooting Stephens.
Assistant Brazos County District Attorney Shane Phelps, the last lawyer to speak to the jury, responded Schmotzer’s motive was “fueled by alcohol, testosterone, and who knows what else” while inside POETS bar.
That followed contact between Schmotzer and two men who were with Stephens. The first told Schmotzer the name on the back of his hockey jersey was not the name of a video game opponent. And Schmotzer used profanity in addressing the second man.
That was followed by Schmotzer, according to Phelps, “shooting ugly stares” at the group inside the bar and later “weird staring” in the parking lot behind the bar while Stephens and a friend were tossing a football. The prosecutor said Schmotzer, with his “pride insulted”, walked up behind Stephens and with a 40 caliber revolver, “just blew his brains out.”
Gustitis