Defendant in murder case takes stand, says death was accidental result of drug deal gone wrong

Charged with first-degree murder, Dustin D. Walker told jurors Thursday that he was buying marijuana with his cousin from Patrick Roberts on March 8, 2014, when Roberts’ brother tackled Walker’s cousin, a struggle broke out and Roberts was fatally shot by accident.

On Tuesday, Roberts’ son Michael Neis-Roberts testified that he woke up around 3 that morning to loud banging on the door when two men forcefully entered his home. Neis-Roberts said one of the men, identified as Walker, pointed a gun at him, went into his father’s room, said “Where is it?” and fired a gun.

Patrick Roberts

Dustin D. Walker

Roberts’ brother Wayne Roberts previously testified that he woke up to a loud bang “like a heavy object hitting the floor” and came out of his bedroom into the living room. There, he said he saw a man, identified as Walker, standing in his brother’s doorway holding a gun in the air.

Wayne Roberts rushed to the man, he said, pulling him to the ground and into the living room. The two then wrestled with a gun for a short time, before a second shot went off and the two intruders fled the home, Wayne Roberts said.

On Thursday, Walker, 30, recalled a different story, sprinkled with similarities to the victim’s family’s testimony.

Walker told the jury that he had known Patrick Roberts, 39, for about seven months before his death and that he visited Roberts at his home to buy marijuana “plenty of times.”

“Not on an everyday basis, but I’d go over there to buy marijuana and sometimes I’d sit and smoke with him,” Walker said.

Walker said that he and his cousin and co-defendant, Archie Robinson, had gone to Roberts’ Cedarwood Apartments duplex that morning to purchase marijuana after a night out at a nearby bar. The cousins had plans to hang out and smoke at Walker’s brother’s apartment, which was directly across the street from Roberts’ home.

Walker said he called Patrick Roberts ahead of time, and Roberts said to come over. Upon arrival, Walker said he knocked on Roberts’ unlocked front door and heard Roberts say “come in.”

Walker then entered the home with Robinson, Walker said, but did not notice Neis-Roberts in the dark living room.

“I never pointed a gun at him,” Walker said. “We weren’t paying any attention to him.”

Walker said he went to Roberts’ room and flipped on the light. Walker then handed Patrick Roberts $50 for an eighth of an ounce of marijuana, Walker said. Walker said he sat on a chair in Patrick Roberts’ bedroom and chatted about what was on Patrick Roberts’ television as Patrick Roberts began to weigh out the marijuana.

Illustrating his account with crime scene photos, Walker referenced loose marijuana found at the crime scene, along with a plastic baggie on the floor that Walker said was going to be used to package his marijuana.

Walker said Robinson was standing near the doorway during the transaction “when somebody rushed through the door and tackled Archie.” Walker identified the tackler as Wayne Roberts.

Wayne Roberts then took Robinson to the floor in a chokehold, Walker said, and as Wayne Roberts and Robinson were getting up off the floor, a gun in Robinson’s possession exploded.

“I’m guessing (the gun) was in (Robinson’s) waistband and was falling out,” Walker said. “It went off in the struggle.”

Roberts’ former girlfriend previously testified that the gun used to shoot Roberts belonged to her, but Walker did not have an explanation why Robinson had his ex-girlfriend’s gun.

Once the gun went off, Walker said, Wayne Roberts pulled Robinson into the living room and Walker followed to help his cousin. He said he did not check on Patrick Roberts because he did not know his friend was shot.

Walker said Robinson and Wayne Roberts were “struggling” on a futon in the living room and the gun was flailing around, so Walker began fighting with the men over the gun.

“I was trying to get the gun to stop somebody from getting control of it,” Walker said. “It’s flapping in the air.”

That’s when a second shot went off, Walker said, and Patrick Roberts came out of his room, falling on top of the three men on the futon.

“I didn’t know Pat got shot at that point; he didn’t say nothing,” Walker said. “He collapsed on top of us.”

Walker said Robinson then ran from the duplex and Walker followed, running in an opposite direction from Robinson.

On Wednesday, jurors watched video of Lawrence Police Detective Jaime Lawson interrogating Walker about three hours after the incident. In the video, Walker gave a different account, claiming he had been sleeping at Patrick Roberts’ home when he woke up to a gunshot and struggle. On Thursday, Walker admitted to jurors that he had lied to the detective.

“I was scared. I knew something wasn’t right because I had blood on me, but I didn’t know Pat was shot,” Walker said. “I wanted to tell (Lawson) the truth, but I was scared to tell him the truth.”

The trial will resume Friday morning, when closing arguments are expected.