PALMDALE – More than two years after James McElroy was shot to death inside his Palmdale apartment, a trial is finally underway at Antelope Valley courthouse for the man charged with McElroy’s murder – his roommate and best friend, Nicholas Harper.
The jury heard opening statements from both sides on Wednesday.
Harper and 21-year-old McElroy had been friends for nearly a decade, but there was tension in the friendship after the two moved in together at the Parkwood Patio apartment complex in east Palmdale, according to Deputy District Attorney William S. Chung.
McElroy’s girlfriend, Carla, would testify that she was staying over at the apartment on the night of Feb. 7, 2012, when she was awakened by a loud gunshot, Chung said. Carla went into the living room and saw McElroy with his mouth “blown out,” Chung told the jury.
Carla would testify that she locked herself in a bathroom to call her boyfriend’s mother, but Harper broke into the bathroom, grabbed her by the shoulders and said “two black guys did this,” Chung told the jury.
As his best friend gargled on blood, conscious but unable to speak, Harper kept repeating the lie to different people, Chung told the jury.
Harper told Carla, McElroy’s mom, and responding deputies that McElroy had been shot by two black guys who came to the apartment looking for marijuana.
“He said ‘one of those black men shot James in the face and I don’t know why,’” Chung told the jury, adding that Harper even described the “suspects” to at least five different people.
But the shotgun used in the shooting was recovered from the scene, and Harper’s story unraveled, Chung said. Harper then changed his story, claiming the shooting was accidental because the shotgun went off as both men were cleaning it, Chung told the jury.
A firearms expert would testify that even that story was a lie, because it was scientifically impossible in the manner in which Harper described, Chung told the jury.
The prosecutor urged the jury to find Harper guilty of murdering McElroy based on his motive, his repeated lies, and scientific evidence, which proved the shotgun discharge was deliberate.
But defense attorney Hung Du said he would be calling another expert to the witness stand, who would testify that it was possible for the shotgun to accidentally discharge in the manner described by Harper.
“The evidence is going to show that this shotgun was a malfunctioning shotgun,” Du told the jury.
Du said McElroy was shot when the two “buddies” decided to clean their guns after an evening of drinking alcohol and smoking marijuana.
“When he saw his friend there dying, he panicked,” Du told the jury, about why Harper made up the story about the two black guys.
Du said Harper made up a “horrible story” but confessed the very next day.
He urged the jury to listen to all the independent evidence, which would prove that McElroy’s death was a “tragic, tragic accident”.
The trial continues today (May 22) at 2:30 p.m. at Antelope Valley courthouse, with McElroy’s girlfriend, Carla, on the witness stand.
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Previous related stories:
1-year anniversary vigil for James McElroy
Man pleads not guilty in roommate shooting death
clemmie says
It’s been a long haul, me as a mother and the system and 2yrs 4Month’s and I’ve replayed that night asking god to give me the strength. And thank all my family and friends for being here, although we have some of our family in other parts of California and different states that can’t be here, I believe that all shall come to the light. I wish it never had to be like this, but at least his dad can still see him and his children. My granddaughter still asks for her dad, and she just turned 5 this weekend. I give it to God justice will be served.
anonymous says
It would’ve never been the other way around, I knew James for.a very long time. He would’ve never did anything like this. I believe that this anonymous post just might be a girl named Stephie.
Anonymous says
Why are u so interested in who wrote what? You should keep that to yourself as u as well went anonymous.You cant really believe that James could of easily been on the other side of this? So your saying James know how to handle a gun property? and if you say he does he put his own self at risk.
Layla says
Please stop. You’re very inappropriate, all you guys do is talk about a person who can no longer defend themselves, your a pu**y. Say who you are..!!!!!!!!!! Oh and he’s a MURDERER.!!!!!!!!!!
Anonymous says
No need to jump into others conversations you los*r, I could write what ever I want. Oh and he’s dead and that has to do with it being his fault as well, playing with gun well intoxicated and high I wondered why people called him smoke you low life, and you just became part of the inappropriate post that your so upset about that people make. IDK why you want to know who Iam you must have bad intentions.
Destiny says
Wow, how rude can these people be. Leave my brother out of your nasty conversations. He’s Is dead, and were mourning the death of a loved one……… Just leave him and us alone!!!!
Bridget says
God bless you James….I knew you when you were just a lil guy. I am so sorry for your loss Janette, my heart hurts for you. I pray that justice is served and his so called best friend is put in jail and never let out. No mother should EVER have to bury a child. I know this pain will never go away for you. Stay strong girl and keep your head up. I have not seen you or your family in years, but I have followed this case since day one. PRAYERS UP my friend….Much luv…bridget
Anonymous says
There are always two sides to a story I believe it was an accident and Nick panicked. They’ve been best friends for years. Its sad that this happened, don’t understand how people believe Nick did this on purpose, if James didn’t feel comfortable then why was he there because his family didn’t want to help him out and Nick was there for him. Nick was helping him out and vice versa James moved into Nicks apartment. If it was the other way around I believe Nicks family would of believe James. Both of these guys have kids are there hurting. There was no eye witness only Nick, James, & the Lord my both families find peace in there hearts. Don’t understand how cruel James family is being acting like James was some angel no saying Nick was either but come on now have some respect and be real about it. Yes James was a victim in this but why play with guns well intoxicated and high off drugs, and if James was such a better person he shouldn’t be surrounded his self with negative people, and I wouldn’t doubt that some of those guns weren’t James. No jealousy here just two people f**king around and that’s how accidents happen.
red says
@anonymous, really blame the victim. This is not an accident, he lied and sent everyone looking for 2 black men, that’s guilt. If it’s an accident you call 911, not lie. He’s a murderer so that’s too bad if you and he have issues with he being treated as a murderer. James is not here to whine about he’s feelings. So I don’t really care about the murderers feelings or yours.
Anonymous says
Like I said I believe he panicked this is just an option not feeling and you must care if you really had to write your opinion down with hatred towards me. That’s what happens when people are on drugs and alcohol playing with guns. So the victim was at the wrong place at the wrong time and refused to disassociate with negative people sounds like he was a participant in this as well like the article says they were cleaning guns and best friends at that.
Anonymous says
Yeah nick wanted to help James out with no rent money…… He couldn’t pay his rent without James.
caitlan says
James was a good friend on mine since high school..he was such a good good guy!!!! So very caring and always trying to take care of his family and everyone around him!!!! I still cant believe that it had to come to him getting murdered!!!! He was taken away from his family and his young daughter!!!! It wasnt his time to go and yet he was taken soo soon!!! I miss him and think about him all the time!!!!! I pray to god he gets life in prison without parole!!!!!!!!
Veniecia says
Rest in peace James we love u
Juan says
I remember this and still live at this apt :/
Bob says
Guilty!