Tucker Richard (left) is photographed with members of the Public Defender’s Office. Richard was charged with second-degree murder for the shooting death of his stepfather, Scott Blake. PJ photo: Gregory Bacon

MAYVILLE – An Ellicott man accused of killing his stepfather in a domestic dispute nearly two years ago may be found guilty on a lesser charge.

On Monday, Tucker Richard’s trial resumed. He is accused of shooting and killing 57-year-old Scott Blake on Jan. 6, 2023.

The prosecution was heard on Friday.

On Monday, Andrew Brautigam of the county’s Public Defender’s Office argued that the prosecution failed to prove its case beyond a reasonable doubt.

Brautigam argued that the defense acknowledged that Richard shot and killed Blake, but that Tucker had stated from the beginning that the attack was done out of fear for his own life.

“This statement is not contradicted by the evidence in this case,” Brautigam said.

District Attorney Jason Schmidt said evidence showed Richard stabbed Blake and argued that the dispute continued in another room, where Richard shot Blake in the head.

He stated that these facts, among others, showed that Richard did not kill Blake in self-defense.

After hearing both sides, Foley determined the evidence was sufficient and the motion to dismiss the case was denied.

After Foley’s verdict, the jury was returned and the defense arranged for Tucker’s grandmother, Judy Richard, to testify.

On the witness stand, Judy said she received a phone call from Tucker around 10 p.m. on January 6, telling him that Tucker had shot Blake.

“I said he wasn’t dead, right? And he said he was,” she recalled, her voice beginning to crack. “I told Tucker to call 911 and I’d be there right away.”

He said he arrived at the scene about 15 minutes later but was unable to speak to Tucker. He then went to the police station but could not talk to his grandchild.

After Judy Richard testified, the jury was removed from the room.

At the time, Judge David Foley told Tucker that he had the right under the Constitution not to testify, but that he could testify if he wanted to. Foley also stated that if Tucker chooses to testify, the prosecution will have the right to question him on the witness stand.

After speaking with Public Defender Nathaniel Barone, Tucker said he decided not to testify.

Since Tucker decided not to testify, the defense officially rested its case.

Following Judy Richard’s testimony, the jury was dismissed for the day.

The court continued with Foley discussing the defense’s request to allow the jury to consider the criminally negligent homicide charge. They presented a similar case in which criminally negligent homicide was offered as an option for the jury to consider.

Schmidt objected that criminally negligent homicide should be used for accidental killings and said Tucker’s own testimony, played on the recording, showed the shooting was not accidental.

Foley said there was enough room for interpretation for the jury to consider a lesser charge.

The sentence for criminally negligent homicide could range from 1 1/3 to 4 years behind bars, Schmidt said in a post-trial interview. The second-degree murder charge carries a penalty of 25 years to life in prison.

Since Tuesday is Election Day, the hearing will continue Wednesday morning.