KNOXVILLE, Tenn. — UPDATE THURSDAY, SEPT. 28: The jury agrees: Venice J. Foster was not guilty.
A Knox County Criminal Court panel on Thursday cleared Foster of murder in the January 2022 killing of Brandon Murrell. They also found him not guilty of the aggravated assault of Murrell's wife; prosecutors had alleged Foster threatened her after shooting Murrell.
Foster, 59, acknowledged shooting the 31-year-old Murrell in the chest during a nighttime confrontation outside his Fern Street home.
But defense attorney Mike Whalen told jurors this week he was defending himself. He was on his own property and reacting to aggressive behavior by Murrell when he fired, Whalen said.
Murrell, who had methamphetamine in his system, also had made a move as if he was going to harm Foster, the lawyer argued.
Prosecutors sought without luck to convince the jury that Foster had multiple chances to disengage and de-escalate but made up his mind he was going to kill Murrell.
Jurors began deliberations Wednesday afternoon and continued pondering the verdict into Thursday.
PREVIOUS STORY: There's no question Venice J. Foster shot and killed Brandon Murrell the night of Jan. 11, 2022.
Left up to a Knox County Criminal Court jury to decide this week is whether Foster was defending himself on his own property or fired intentionally without really facing a true threat from Murrell, 31.
The 59-year-old Foster's trial started Monday afternoon. He's charged with first-degree murder and aggravated assault. Judge Scott Green is presiding over the case.
Foster lives on Fern Street in East Knoxville.
In January 2022, according to authorities, a drug or "trap house" existed next door. Foster had had to endure frequent drug trafficking next door, defense attorney Mike Whalen contends.
On the night of the shooting, Foster returned home from work to find people outside the drug house.
Prosecutors Larry Dillon and Rachel Hill told jurors Monday that regardless of the existence of the drug house, Foster became angry because his driveway was blocked. He took out that anger on Murrell and his wife who were outside, Dillon said.
Foster went into his house on Fern, got his pistol, returned outside, confronted Murrell and shot him twice in the chest, Dillon told jurors. Murrell was trying to retreat at the time, Dillon said.
Foster also threatened Murrell's wife, Dillon said.
Dillon told jurors in his opening statement that Foster had multiple chances to "disconnect" from engaging with Murrell but declined to do so.
Whalen, however, countered that Murrell was a drug user who actively challenged Foster that night as he stood on his own property outside his house. Outside the presence of the jury, Whalen said Murrell had methamphetamine in his system the night of the confrontation.
Whalen told jurors Monday that security video from a Ring camera of about 6 minutes in length would tell the whole story. Jurors are expected to watch that video this week.
The defense attorney said Murrell can be heard on the video remarking that he and Foster can "do it here, do it now."
"You got a problem?" Whalen said Murrell declared at the scene, moments before the shooting.