Defense begins arguments on day 6 of Randy Larkin rest stop murder trial
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IDAHO FALLS – The defense began their arguments Tuesday in the trial of a man accused of shooting and killing 36-year-old Morey Pelton.
Randy Larkin, 59, is charged with one count of first-degree murder for the death of Morey Pelton. Larkin’s friends — Gerald Hamlin and William Burton — were in a vehicle with him the night of the incident on May 12, 2022. Hamlin drove, Larkin was a passenger, and Burton was sitting in the backseat.
On Monday, defense attorney Allen Browning confirmed that Larkin is expected to testify later this week.
RELATED | Key witnesses recount minutes leading up to shooting in rest stop murder case
Before the defense began its arguments, the state briefly called Bonneville County Sheriff’s Detective Zeb Graham to testify again. He spoke about text messages between Larkin and Hamlin that reportedly discussed drug trafficking.
Defense begins arguments
The defense then began its arguments by motioning for a directed verdict, asking District Judge Bruce Pickett to rule on the case before it goes to the jury. Browning argued that many of the state’s witnesses had contradicted each other.
“The witnesses, Mr. Hamlin and Mr. Burton, contradicted each other as far as what kinds of things were said by Mr. Larkin,” said Browning.
Bonneville County Prosecutor Randy Neal argued against the motion, saying the state had met their burden and proved that Larkin murdered Pelton.
RELATED | Rest stop murder trial begins in Bonneville County
“The testimony is uncontroversial that (Larkin) brought a gun and used that gun to kill Mr. Pelton,” said Neal. “All elements of the crime have been proven without a doubt.”
Pickett denied the motion, saying there was enough evidence to sustain the conviction, continuing with the trial and eventually allowing the jury to determine a verdict.
Browning then called the defense’s first witness, Chris Hansen, a friend of Morey Pelton. Hansen was asked about his conversation with a detective two days after Pelton’s death, stating that Morey “f****** hated Pelton” and that “money got to him.”
Browning showed a video in court of the discussion, with Hansen saying he was drunk during it and didn’t remember it.
Hincks’ Testimony
The court then assigned two members of court staff to read a transcript of Kelly Hincks’ testimony during the grand jury hearings that resulted in Larkin’s indictment.
Hincks died earlier this year.
In the transcript, Hincks said he knew Pelton through mutual friends, and he knew Larkin because they both live in Swan Valley. Hincks testified that he called Pelton to buy methamphetamine and agreed to meet him at the rest stop.
He testified that he did not know of any dispute between Larkin and Pelton but knew Pelton owed Larkin money.
According to the testimony, Hincks was at The Covered Wagon, a bar in Irwin, with Larkin before the shooting. He told Larkin he was meeting Pelton at the rest stop, and Larkin said he and a man named Carlos were going to meet them there, too.
It is not clear who Carlos is. Other witnesses have testified that Gerald Hamlin and William Burton were in the car with Larkin on the night of the shooting.
Hincks said he arrived at the rest stop five minutes before Pelton and saw Larkin.
Pelton parked next to Hincks and they were talking. Hincks said he did not purchase the drugs because “Randy and Carlos came down and pulled in behind him.” According to Hincks, Carlos was driving.
Hincks said Larkin got out of the car and walked up to Pelton’s car. Pelton leaned out the window and said, “Hey man, what’s up?” Larkin then asked if he had read his emails.
Hincks heard Pelton yell at Larkin because he had a gun, and Hincks said he told him to “put that thing away before someone gets hurt.” Pelton then reportedly said to Larkin, “I’m not f****** scared of you.”
According to Hincks, Pelton got out of his car and took three steps, turned around, then turned around again and walked toward Larkin. That’s when Larkin shot him. Hincks said Larkin looked at him and told him to “get the f*** out of here,” and everyone left Pelton at the rest stop.
“I just saw him shoot somebody. I freaked out,” said Hincks. “I didn’t know if he was going to shoot me or whatever. I just kind of freaked out.”
Hincks said Larkin called him on the way home and told him to meet at his house. At the house, Larkin allegedly said, “This might be the last time you see me upright.”
Larkin also reportedly said he “thought he saw something in Morey’s hand, and he thought it was a gun.” Hincks said he never saw Pelton have a gun that night, and that Larkin started the “aggressive action.”
The defense’s last witness for the day did not show up. Pickett ordered that court will resume on Wednesday at 9 a.m.