A Marion County jury will hear closing arguments today in the case of a Fairmont man charged with fatally shooting an 18-year-old woman last August.

Dayton Scott “Scooter” Lister, 22, is charged with first-degree murder in the Aug. 10 shooting of Krystal Lee Peterson, 18, of Stonewood.

Peterson died instantly when a shotgun shell struck the back of her skull as she was frantically racing to get inside an apartment house, according to testimony earlier this week.

Lauren Ludivici, a friend Peterson had made over the summer, gave a moving account Thursday of two racially charged confrontations that Lister had that night with her and her friends: Krystal, John Goode, Samej Lowery and Brandon Mitchell. The women are white; the men are black.

Before Krystal arrived, they were visiting Goode and his girlfriend and the couple’s new baby in Goode’s apartment at 903 Locust Ave.

Ludivici said she stepped outside to smoke a cigarette and make a phone call. Two men came by in a burgundy Ford Taurus and taunted her, yelling out, “Where are all the n-----s? They all deserve to die.”

Shaken, she went back upstairs to see if the others had heard the threat.

Eventually, when Goode’s girlfriend wanted to go to bed, the group moved outside. They were listening to music on a car stereo system. Ludivici said she was doing cartwheels on the grass. They were laughing and just enjoying the summer night.

Krystal arrived. She and Semaj decided to put on each other’s jeans for a joke. Semaj was wearing real baggy jeans and “Krystal thought it would be funny if he wore her jeans,” Ludivici said.

The pair went behind a nearby garage to switch jeans.

That’s when the red car returned. A man got out of it and approached Samej quickly, in a threatening manner. When Goode and Mitchell got out of the car where the music was playing, he started asking whether a woman named “September” was staying at the apartment.

Goode told the man “why don’t you go and get back in your car?”

The man walked back to the car, which he had stopped in the middle of Lowell Street. Instead of getting in it, he popped the trunk latch and withdrew what she soon recognized was either a rifle or a shotgun.

He hit Mitchell with it, striking him in the head. He also called Mitchell a “f------ n-----.”

He then turned on her. She had thrown herself to her knees. Holding up her car keys and sobbing, she said she was pleading with the man, promising him she would leave.

When Krystal and Semaj came around the corner of the garage, she and Krystal jumped into her car. They drove around the block.

By then, the man had left.

Krystal knew September, Ludivici said. Krystal called the club where she and September were waitresses, trying to get the other girl’s number to warn her about the crazed man. But the manager at the club refused to give out September’s home phone.

Meanwhile, Samej had called 911 to report the attack.

Officers came. They told them their story. But the police had to leave to handle another report of a man with a gun and a firearm discharge.

Within several minutes, the group heard the recognizable loud exhaust of a big, red pickup truck coming down the hill.

Ludivici remembers racing for the narrow side entrance door.

She remembers hearing a shot. She remembers bits and pieces of bone, blood and hair falling “like wood chips” on her shoulders and hair as she instinctively ducked and kept running for the doorway.

Gasping, covering her mouth and shaking with grief, Ludivici told the jury she then saw that Peterson was not moving.

James B. Zimarowski of Morgantown, Lister’s defense lawyer, has offered a “diminished capacity” defense since the trial started Tuesday.

Lister was too intoxicated on beer and Xanax anti-anxiety pills to have the mental state of mind required for a first-degree murder conviction, Zimarowski argues.

Besides proving Lister shot Peterson, the state must prove he did so with the elements of premeditation, deliberateness, maliciousness and willfulness, he said.

As both sides rested their cases Thursday, Zimarowski called a psychologist who specializes in addiction treatment and a forensic psychiatrist to explain the legal concept. Both said they found Lister to be dependent on alcohol and other drugs.

Dr. Ryan D. Finkenbine, an associate professor of psychiatry at the West Virginia University School of Medicine, said that Lister’s ability or capacity to form those specific elements of the crime may have been diminished by his alcohol intoxication.

“His ability to do that, to form those elements, may have been reduced because of alcohol, and in my opinion, was,” he said.

But it’s up to the jury to decide whether those elements occurred, he said.

Finkenbine told the jury in his opinion that Lister was “moderately to severely” intoxicated on the night of the shooting.

Dr. John Damm, a certified addiction counselor, said Lister told him he started using marijuana in the sixth grade. He had a family history of alcohol use. Lister told him he was drinking regularly as a freshman in high school, Damm said.

He also started abusing medication pills, taking pain pills about the same time. Lister also has taken acid, the designer drug Ecstasy, mushrooms and crack cocaine, Damm said.

His alcohol and drug problem figured in a July 2005 arrest for drunken driving, a charge of domestic violence and a charge of driving with a measurable amount of alcohol, the psychologist said.

Around Aug. 9, Lister told him he was regularly using a combination of beer and Xanax pills, Damm said. To rebut testimony by Finkenbine and Damm, Marion County Prosecutor Patrick N. Wilson called Dr. William Freemouw, a forensic psychologist.

Freemouw, who examined Lister in jail at the end of February, said the fact that Lister was able to pass a field sobriety test given by an experienced police officer within an hour of the shooting “was the most impressive thing” to him in his evaluation.

Three deputies stopped Lister in his red Dodge extended cab pickup truck after a “lookout” alert for such a vehicle was broadcast. They stopped him on Ridgely Avenue, about a block from the murder scene at 903 Locust Ave., they testified.

Lister passed a horizontal gaze nystyagmus test given by one of the deputies. It requires a suspect to follow a horizontally moving object, such as a pen or flashlight, with their eyes.

The deputies allowed Lister to proceed.

Freemouw said in his opinion, Lister was “mild to moderately” intoxicated on beer and Xanax pills on the night of Aug. 9 and the early morning hours of Aug. 10

He also cited a list of actions taken by Lister to illustrate his point that Lister had the capacity to act purposefully to achieve goals that night.

Lister told Freemouw that he took his shotgun out of his truck and put it in his room after the shooting before returning to the murder scene to see what police were doing, the psychologist said.

Earlier that night, after an initial armed confrontation with Peterson and four friends at the apartment house, Lister broke the headlight and damaged the front bumper of a red Ford Taurus while parking it at his family’s home.

He took his pickup truck back to the apartment and the fatal encounter because he was afraid of being stopped by police because of the car’s front-end damage, Freemouw said Lister told him.

Zimarowski called several young adults who said they are good friends of Lister. They testified he had taken about 14 Xanax pills and also was drinking a lot of beer, starting on the late morning of Aug. 9.

The group went to the Poor Farm, spending several hours fishing and target shooting, they said.

Sonja Carr said Lister took the Xanax when they got to the Poor Farm. Another woman in the party drove back to Fairmont because Lister “too messed up” when they left the Poor Farm, she said.

Later, about 9 p.m. or 9:30 p.m., he asked her to go with him to the Country Inn. She declined. And by then, Lister was “batty,” Carr said.

Michael David “Bumper” Sheranko said Lister called him about 12:30 a.m. Aug. 10. “He sounded very intoxicated. He was slurring his words. He was hard to understand.”

Preston Swann said that in late July and late at night when he and his girlfriend, Whitney Yerace, were riding home with Lister in his red pickup, that someone in a group of men near the apartment building fired a shot at the truck.

Yerace said she was the first to spot someone in the group flash a gun as the truck passed them.

The round did not strike the truck ,and the trio never filed a police report. But the incident scared them.

E-mail Bill Byrd at bbyrd@timeswv.com.

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