<div>“I am not guilty.”That was Blake Michael Downs’ response when asked how he pleaded following the reading of the indictment in his murder trial Tuesday, July 30 in the Calhoun County District Courtroom.The trial is in its second day and started with jury instructions that were continued from Monday. It abruptly concluded around 3 p.m. when a state’s witness was delayed. The trial resumes at 9 a.m. Wednesday.Downs has been charged with murder following the April 9, 2022, shooting of Coewin Boerm at Downs’ home on Holloman Road in Port Lavaca.In his opening remarks, Calhoun County Assistant District Attorney Arnold Hayden laid out his case for murder.He told the jury that it was the day after Carleigh Swope’s birthday and the group had partied until the early morning. Hayden said Swope had decided to call it a night and tried to get her boyfriend, Boerm, to stay.Sometime around 3 a.m., she woke up and found he had left, he said.“She was able to speak to him and when she hung up at 8:48 a.m., that was the last time anyone could definitely say he was alive,” said Hayden.Hayden told the jurors that Blake Downs had gone to his brother’s room and banged on the door, telling him there was an emergency. Hayden said Blaine Downs was taken to the detached three-car garage where he saw the body of Boerm in a pool of blood. The young men called their mother, who was going to Victoria on an errand, and told her that there was an emergency and she needed to come back, Hayden said.“At 9:15, she makes another call but not to 9-1-1 but to her husband,” said Hayden. “At 9:17, she makes the call to 9-1-1.”Due to the nature of the wound caused when the bullet entered around the ear and exited via the top of the head as well as stippling on Boerm, the medical examiner determined the cause of death as homicide, said Hayden.Defense attorney Brent Dornburg elected to give his opening statement. He reminded jurors that what the lawyers say in their openings is not evidence.He said a friend had given Blake Downs a ride to the party. When his friend was leaving, Blake Downs told him he would get a ride with someone.“That someone else was Coewin Boerm,” said Dornburg.Dornburg noted the size difference between Blake Downs and Boerm, saying that while the state says it is homicide, it could be self-defense.Three witnesses were asked about the blood and how it looked.Jackson County Sheriff’s Deputy Dakota Smith, who formerly worked for the Calhoun County Sheriff’s Office, said he was at McDonald’s when the call came in and it took about 10 minutes to respond. He testified he was one of the first officers at the scene.Hayden asked Smith about the scene and how the blood looked. Smith said that in his experience, a disturbance scene is often more chaotic while this scene was not. He said one chair was on the floor. He also testified that the blood looked congealed.On cross examination, Dornburg noted several aspects that can affect how quickly blood dries such as a porous or non-porous surface, humidity to which Smith replied, yes.He also noted the blood could have the light and dark colors due to aspiration, which still contains oxygen. Smith said it could happen.Calhoun County EMS Shift Supervisor Jason Warmuth testified that when they got to the scene, they checked for a pulse and, finding none, did a test to see if there were any electrical energy and it was a flat line. He was asked if they had to move the body to do the tests and he replied, no.He also testified that he noticed cerebral spinal fluid in the blood and did a halo test to confirm.Dornburg also asked Warmuth about the state of the blood and he said it was wet with some coagulation.James Walther testified concerning the gun. He testified that it was jammed and would need to be cleared before it could fire again. He testified it could have happened from “fast firing.”Dornburg asked if the slide in an open position would allow the gun to work and Walther said no, not with the casing not having ejected. He also pointed out it could not be quick firing because no matter how many times you pulled the trigger it wouldn’t fire. Walther said it presented as a misfire.Tanya Boerm, the mother of Coewin Boerm, was the first witness called to the stand. She was lead through Boerm’s life as a son who loved football and was a hard-working young man, who went through a rigorous interview with his father, Gene Boerm, before being hired into the family business.Tanya Boerm said she had found out about his death from someone just before Calhoun County Sheriff Bobbie Vickery knocked on the door.“I was in disbelief,” she said.On cross, Dornburg asked her about Coewin Boerm’s work history, what bills he paid and did he pay rent or for homeowners insurance since he lived at home.“I did not make him pay rent,” Tanya Boerm said, noting he paid for his phone, truck and vehicle insurance.Blaine Downs, the brother of Blake Downs, was called by the prosecution to go over the events from when his brother came banging on his bedroom door.Blaine Downs, who was 16 at the time, testified that Blake Downs told him there was an emergency and while going to the garage, he noticed the gun in the kitchen.He testified that he looked in the garage and saw a body on the floor with blood pooling. Blaine Downs also testified they called their mom to tell her there was an emergency and she needed to come home.Hayden also questioned him about Cory Massey, who had spent the night. He testified that he told Massey it would be better for him to leave and that he did not mention that he was in the house to law enforcement officers.Hayden also asked him about the gun and Blaine Downs said it was a Smith & Wesson 9mm that was usually kept in the bedside table in Blake Downs’ room.Dornburg, on cross, asked about the barking dogs and were they inside. Blaine Downs said they were inside and barking.He said his brother looked like he was in shock when asked. He also said he took nothing, touched nothing and moved nothing in the garage, when asked by Dornburg.</div>

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That was Blake Michael Downs’ response when asked how he pleaded following the reading of the indictment in his murder trial Tuesday, July 30 in the Calhoun County District Courtroom. The trial is in its second day and started with jury instructions that were continued from Monday. It abruptly...

Opening statements given in Downs murder trial

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That was Blake Michael Downs’ response when asked how he pleaded following the reading of the indictment in his murder trial Tuesday, July 30 in the Calhou

Opening statements given in Downs murder trial

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