The state rested its case Tuesday in the trial of a Battle Ground man accused of hitting his girlfriend and best friend in their heads with a hammer when he found them in bed together.
Defense attorney Jeff Sowder then asked the judge to dismiss a first-degree premeditated attempted murder charge against his client, Marcus Morrison. Sowder argued that the state had failed to present any evidence that Morrison had planned a murder on Nov. 23, when he went to the Vancouver home of his best friend, Aaron Warner.
He went there because he suspected Warner and Morrison’s girlfriend, Rena Donnelly, were having sex.
“There is no evidence he went to the house to kill anybody,” Sowder argued.
Clark County Superior Court Judge Robert Lewis denied the motion, saying that “one inference (the jury could make) is that he intended to kill people, and he thought about that when he got the weapon.”