Jurors to see video of Eudora bar shooting; trial likely to continue into next week

photo by: Peter Hancock

Danny Queen, charged with first-degree murder for a 2017 shooting death outside a Eudora bar, and District Judge Peggy Kittel listen to testimony Thursday, July 26, 2018, as a witness in the trial testifies.

Jurors in the trial of a man accused of murder stemming from a brawl outside a Eudora bar last summer will be shown security camera video Friday of the entire incident.

Danny W. Queen, 37, is charged with first-degree murder in the death of 32-year-old Bo Hopson following a fight that occurred at D-Dubs Bar and Grill, 10 West Ninth St., in Eudora, in the early-morning hours of June 24, 2017.

The trial had been scheduled to wrap up on Friday, but defense attorneys said Thursday evening that they now believe it will have to extend into next week.

On Thursday, the jury heard testimony from Altaf Hossain, a forensic pathologist based in Kansas City, Kan., who serves as deputy county coroner for Douglas County and who performed the autopsy on Hopson.

Hossain said Hopson died on Sunday, June 25, from internal bleeding caused by a gunshot to his chest.

He said the hollow-tip bullet entered the left side of Hopson’s chest, traveled downward to the right, lacerating Hopson’s lung, pancreas and fatty tissue around his intestines.

Hossain also described the action of the bullet, which consisted of a lead core surrounded by a metal jacket. The jacket was designed to expand into a flower-shaped, one square-inch piece of metal that would shred through internal tissue while the lead core shattered into several pieces.

He said Hopson was also shot in the upper part of his right arm, which fractured a bone known as the humerus.

Also testifying Thursday was Summer Mayberry, a longtime friend of Hopson’s who visited him at the University of Kansas hospital the evening of Saturday, June 24, as Hopson was recovering from surgery.

During that visit, she said she showed Hopson a photo of Queen stored on her cellphone that someone else had sent to her from a Facebook page. She said Hopson identified the man in that photo as the person who shot him.

Defense attorneys Dakota Loomis and Joshua Seiden renewed an objection to Mayberry’s testimony that they had made during pretrial motions, arguing that she should not be allowed to present hearsay evidence. But, as she did earlier, Judge Peggy Kittel overruled the objection and allowed the testimony.

Jurors also heard from more witnesses who were at the bar that night and who saw all or part of what happened.

According to witnesses, the disturbance began inside the bar late that night when Queen allegedly made vulgar remarks to a female patron, Heather Elmer, as well as to the lead bartender, Brandie Garrett.

Queen was told to leave the bar and was cut off from being served any more drinks, but he refused to leave, witnesses said. Eventually, at least two other patrons tried to escort him out of the bar, onto an outside deck adjacent to the bar, then onto a patio and into a parking lot.

At one point, though, John Elmer, Heather’s husband, confronted Queen as he was being escorted down a ramp onto the patio. The two tried to throw punches at each other, according to testimony, but they were quickly pulled apart. Elmer then went down a separate set of steps to confront Queen at the bottom of the ramp. There, witnesses said, the two began fighting, and it soon turned into a brawl as six to eight other patrons joined the fight while trying to pull the two men apart.

Queen was eventually taken several feet away and was placed on a flatbed trailer in the parking lot that had served as a stage for a band playing outside earlier that night, witnesses said. Hopson, who was helping out at the bar that night providing security but was otherwise not directly involved in the fight, and a few other patrons stayed with Queen while he lay on the trailer; Hopson even offered a number of times to give Queen a ride or otherwise help him get home, according to witnesses.

Moments later, witnesses said, Queen reached into his left pocket and pulled out a cellphone but did not make a call. Then he reached into his right pocket and pulled out a Smith and Wesson .380 caliber “Bodyguard” pistol with a laser sight, pointed it at Hopson and fired two shots, one hitting him in the chest and another hitting his arm, according to testimony.

Witnesses said he also pointed the pistol at two other men, Clark Orth and Dustin Crowe, and tried to shoot them, but the gun had evidently jammed and would not fire.

Several witnesses who were on the deck or inside the bar at that time said they heard two gunshots, while others said they heard three.

The jury also heard Thursday from a number of law enforcement officials who responded to the incident, including Lt. Jay Armbruster of the Douglas County Sheriff’s Office, who was the second officer on the scene and the person who took Queen into custody and booked him into jail. He testified that Queen appeared bloody and bruised from a fight but otherwise was cooperative.

Jurors also heard from Detective Daniel Flick, of the Eudora Police Department, who showed photographs of the crime scene, including markers he had placed showing where the gun and magazine were found as well as the location of two spent shell casings and one unspent bullet.

Queen himself is expected to testify in his own defense, arguing that he was the victim of an assault by several people and that he fired in self-defense because he thought he heard someone say they were going to attack him further.

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