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March 14, 2014

UPDATED: Jury finds Fry guilty of murder

Sentencing hearing slated for April 14


Attorneys Matthew Barrett and Brad Rozzi represent Fry in the case.

While being examined by Cass County Chief Deputy Prosecutor Lisa Swaim and cross-examined by Rozzi, Hartman’s testimony reflected she could not conclude either of the two bullet fragments were fired from the recovered revolver, only that it was possible that they were.

Because the size of the bullets weren’t determined, only the fact they were low caliber, Fry’s gun wasn’t allowed as evidence.

In closing arguments, Cass County Chief Deputy Prosecutor Lisa Swaim told jury members that the case was about two men who didn’t get along in a rural area of town.

Swaim reminded the jury that she didn’t have to prove what the weapon was — just that Fry had access to it.

“When you look at the evidence, there is nobody else,” Swaim said. “I’m asking you to find this man guilty for a crime he committed.”

During closing arguments Thursday afternoon, Barrett asked if any of them had been falsely accused.

“That is what happened here,” Barrett said.

Barrett spoke of the heavy burden of proving beyond a reasonable doubt that Fry knowingly or intentionally killed David Schroder. He then told jury members that the circumstantial nature of the evidence in the case made forensics and ballistics testing important. There was no DNA or ballistics matching Fry to the scene, Barrett said.

“A wrongful conviction would be the worst crime in this case,” Barrett said.

Swaim responded by saying law enforcement was confined by evidence, but did have evidence — a lot of it.

Jury went into deliberation shortly before 4 p.m. after the closing arguments and reached a guilty verdict more than four hours later.

Barrett said he and Rozzi were disappointed with the verdict but would continue to “advocate on behalf of Mr. Fry in the appellate process.”

Pharos-Tribune reporter Mitchell Kirk contributed to this report. Amie Sites is a staff reporter at the Pharos-Tribune. She can be reached at 574-732-5117 or Follow her: @PharosAES.

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