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Last updated on Friday, August 17, 2018
(BEDFORD) - Evan Schaffer took the stand in his own defense Friday morning in Lawrence County Superior Court I.
Judge John Plummer III is presiding.
Schaffer is accused of murdering 25-year-old Justin Lampkins at the Bedford McDonald's drive-through during the early morning hours of April 23, 2017.
Schaffer, of Orleans, is accused of confronting Lampkins in the drive-through after someone allegedly honked a horn.
Lawrence County Chief Public Defender David Shircliff first asked Schaffer if he wanted to shoot and kill Lampkins.
"No I did not," Schaffer answered.
Schaffer then provided background for the jury.
At the age of 4 or 5, Schaffer went target shooting for the first time with his dad, uncle and other family members.
In the sixth grade his teacher shared news clippings with the class of the shooting at Virginia Tech.
Then a few years later, Schaffer and his mother were carjacked in Rochester, Minnesota. They had went shoe shopping and, while he was putting the shoes in the trunk, a man approached them with a gun and demanded the keys and then drove off.
"I knew I would carry a gun to prevent incidents like that and to protect myself," he testified.
When he was 21, he purchased his first gun, a .22 Derringer.
Schaffer says his father, who was in the Army, taught him to respect guns.
He then purchased a Taurus 9 mm- the gun he used to shoot and kill Lampkins.
"I always kept it concealed," he testified. "It is not necessary for people to see it."
Before the incident at McDonald's, Schaffer testified that he had never pulled his gun on anyone or shown it to anyone.
"It is not necessary or proper," he added.
On the night of April 22, 2017, Schaffer testified that he was at the home of Matt and Elizabeth Franklin, his aunt and uncle. He had been living with them for about two weeks.
Schaffer says the family went shopping earlier in the day and he had purchased a six pack of beer and a bottle of Jack Daniels. They returned to the home around 6 p.m.
They ate BBQ ribs for dinner around 8 p.m. and Schaffer drank his beers and then began drinking Jack and Coke.
He and his friend Sam Patton and cousin Zack Franklin sat on the porch and decided to go fishing at the quarry on State Road 37 near the Army Surplus store.
While at the quarry the group began fishing for catfish and continued to drink the Jack and Coke.
Schaffer says he drank about 3/4 of the bottle.
While fishing Schaffer received several text messages from his girlfriend who lives in Bloomington. She was accusing him of cheating on her.
"She was upset," he testified. "I am a very loyal person. It upset me."
Schaffer then threw his phone in the quarry.
"I was feeling angry," he testified.
After spending about two hours at the quarry, the group left and decided to go to McDonald's.
"I was along for the ride," he testified.
They placed their order. Schaffer was a front seat passenger in the late-model Sierra pickup truck.
They began to pull up and that is when someone behind them honked a horn.
"I was angry - why were we being honked at," Schaffer testified.
He then exited the truck and went to the red car behind them.
"I asked why did you f***ing honk or something like that," he testified. "And was just talking to them when Justin yelled 'It was me mother f***er, what you going to do about it."
Schaffer then approached Lampkins' truck. The two got into a verbal confrontation.
"I never threw a punch," he testified. "I reached through the window and grabbed his shirt and was shoving him back and forth."
That is when Jeremy Sears, who was in his white Toyota 4-runner behind Lampkins' Dodge truck in the drive-through line, got out and broke up the fight along with some McDonald's workers.
Robert Goldsberry, a worker, pushed Schaffer back about 10 feet.
But Lampkins continued to yell at Schaffer.
"He was yelling confrontational statements," Schaffer testified.
Schaffer said he was almost to his truck when he testified Lampkins called him a "pussy."
Schaffer started back toward Lampkins' truck and that is when Goldsberry again stopped Schaffer.
"I went back to the truck and was near the bed of the truck." he testified. "I thought it was over. Justin had moved his truck forward like he was going to order, but he stops short and yells again wanting me to come to the truck. I stop short cause I see he has a baseball bat. I think, 'Oh s**t.'"
Schaffer says he stepped back and Lampkins ran forward.
"He had the club in his right hand down and back," he added. "I couldn't get to it. He is pushing me. . . I'm scared."
Schaffer testified that he then pulled the gun from his waistband and had it at his side.
Schaffer said that Lampkins exclaimed that "if you are going to pull a gun I better plan to use it."
"He (Lampkins) grabs me by the front of my shirt and is pushing and pulling me, it makes me unbalanced," he adds. "I tell him to stop and he (Lampkins) swats my hand away and his hand is on my throat as he is pushing me backwards. It felt like a vice grip on my throat. I am thinking I am in trouble. I raise the gun and shot one time, Justin drops. I walk towards the car wash. I am not sure... I just needed to get away."
That is when Zach Franklin drived up and told Schaffer to get into the truck.
They drove down Patrick Robbins Road where Franklin pulled over. The next thing Schaffer saw was the lights from police vehicles.
But before police arrive, Schaffer says he tossed his gun with the holster out the window.
"I am then getting ordered out of the truck," Schaffer says.
Again Shircliff asked him if he intended to shoot and kill Lampkins and again he answered no.
Woodward crossed examined Schaffer saying he was mad that night and his full attention was on harming Lampkins.
Schaffer denied the allegations.
Shircliff and his team, Woodward and her team and Judge Plummer will begin preparing jury instructions this afternoon.
Closing arguments are scheduled for Monday morning at 9 a.m. and then the jury will begin deliberating.
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