No verdict in Nelson case yet

Lawing says he feels no ill will toward woman

Credit: Jennifer Frew | The News Herald

Joyce Nelson, right, prepares to leave the courtroom on Wednesday after a day of waiting while the jury deliberates. Nelson is on trial in Burke County following a shooting in Dec 2007 that paralyzed SWAT team member Martin Lawing.

By Julie n. Chang
Published: March 03, 2010

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MORGANTON, NC --

The jury in the trial of a woman accused of shooting a law enforcement officer began deliberations Wednesday, but was unable to reach a verdict by the end of the day.
Superior Court Judge Timothy Kincaid dismissed the jury shortly after 4:30 p.m. after the jury indicated it was unlikely to reach a verdict by 5 p.m.
Joyce Smith Nelson, 62, is on trial for attempted first-degree murder, assault with a deadly weapon with intent to kill inflicting serious injury, assault on a law enforcement officer with a firearm and discharging a weapon into occupied property while in motion.
Burke County SWAT team member and investigator Martin Lawing was shot in the neck leaving him paralyzed from the chest down. The shooting occurred Dec. 11, 2007, at Nelson's residence during a standoff.
Before the jury began deliberations Wednesday, Judge Kincaid gave amended instructions regarding the outcome of a not guilty by reason of insanity decision.
Kincaid indicated Tuesday the defendant would have a hearing in District Court after 50 days if found not guilty by reason of insanity. He corrected himself, indicating that the defendant would have to prove in Superior Court that she is no longer mentally ill.
Kincaid further clarified that the defendant would be involuntarily committed indefinitely with periodic reviews until the court was satisfied about her mental health.
The jury asked for evidence twice during the day. The first request was for photographs submitted into evidence by the prosecution, Dr. Claudia Coleman's evaluation of Nelson and a diagram of the interior of Nelson's home at 1726 Suburban Drive Lot 2 off Enola Road.
The jury also listened again to the audio recording from a bag phone. The recording captures the moments before, during and after Lawing was shot.
Speaking outside the courtroom, Lawing told WSOC-TV 9, "I think with the situation ... with everyone's families that's involved, I don't know if anyone really wins in the outcome. I don't think there are winners or losers. Just a tough situation for everyone."
Lawing said he doesn't harbor any ill will toward Nelson.
"If I really felt like it was intentional — if someone pointed you out on the street and it was intentional — maybe my views would be different. But, no. Because of the situation that happened and mental illness that is there and the reason we were there to try to bring her some help, I don't hold any ill will."
Lawing continued, "I think the job of law enforcement is to — contrary to people's belief — I think it is to help people. So if that is what needs to happen for her to have help, I think that's the best thing to happen."
The jury will resume its deliberation at 9 a.m. today.