Belmont County

Belmont County

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Deliberations to begin in Belmont County murder trial

Updated: Wednesday, March 5 2014, 12:36 PM EST

BELMONT COUNTY, Ohio – The case against one of the men accused in the rape and killing of 92-year-old Lydia Ashworth in June 2012 will be handed over to the jury by the end of the day.

Earlier Wednesday, defense attorneys for Devin Wayne Fuller, who is one of two men accused of the crime, made a motion for acquittal on all charges. They said the state of evidence is insufficient to make a conviction and an absence of evidence does not establish evidence.

The state then made a rebuttal.

Ultimately, the judge in the case, John M. Solovan II, overruled the motion for acquittal, saying evidence is sufficient to move forward.

As soon as the jury came in Wednesday, the state rested its case and the defense began its arguments. Its first witness was Crystal Boyd, Fuller’s mother.

She said the last time she saw Devin the weekend of the murder was on Friday, when she dropped him off at his stepbrother’s home in Bellaire.

Then Brandon Boyd, Fuller’s stepbrother, went under oath, testifying that Fuller was at his house with their other brother the night of the murder.

He says all three boys were playing Xbox, shooting darts, drinking beer, and that Fuller, nor the other two brothers left the home that night.

With that, the defense rested its case.

The jury was excused at 10:30 Wednesday morning and was set to return at 1 p.m. That’s when closing arguments will take place and the jury will go into deliberation after they receive their instructions.

NEWS9’s Kate Davison will be live tweeting during the proceedings. You can follow her @KateWTOV9 or @WTOV9. Stick with NEWS9 and for updates.

Deliberations to begin in Belmont County murder trial

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