HUNTINGTON Ƶ After punching, putting his body weight on and attempting to suffocate Dominick Erick Dyke in the parking lot of The Village on Sixth apartments on April 12, 2022, according to DykeƵs testimony in court Wednesday, Marcell Henry came at him, ready to fight, for the third time.
But this time, Dyke had already picked up his firearm which was close by.
ƵI had zero fight left in me. I was wheezing. I needed my inhaler. I was scared for my life,Ƶ Dyke said on the second day of his trial.
ƵMy initial thought was, ƵWhat is my family going to think if I donƵt make it home?Ƶ Ƶ IƵm not a killer. I did what I had to do to protect myself.Ƶ
Dyke was arrested at around 10:50 p.m. that night when Huntington Police officers arrived on the scene to find Henry had been shot a total of four times, according to prosecuting attorney Glen Conway, and died as a result of his injuries. According to Jacob Fitzwater, an officer with HPD at the time of the incident, Dyke admitted to shooting Henry and cooperated, although he did not appear to have life-threatening injuries.
Testimonies concluded in the two-day trial Wednesday, and the jury will return to Cabell County Circuit Court Judge Gregory HowardƵs courtroom two at the Cabell County Courthouse for deliberation on Thursday, at 9 a.m. April 11.
They will need to decide if Dyke committed first-degree murder by killing Henry with malice and intent, if he committed murder or manslaughter to another degree or is not guilty, if they believe he shot Henry in self-defense.
ƵYou are the sole judges of the credibility of the witnesses that you heard,Ƶ Conway told the jury in his closing arguments. ƵYouƵre the ones who decide whether he was really in danger.Ƶ
The fight
Dyke told the jury Wednesday he used to live with HenryƵs brother but changed his living situation after finding out HenryƵs brother was, Dyke said, a registered sex offender. Dyke said he felt this is why Henry may have been angry with him.
According to Dyke, he had been at the shooting range earlier on the day of the incident. He left the shooting range, bought dinner and returned home, while still carrying the firearm, as he said he always does when he is outside of his apartment.
That night when he finally returned home to his apartment at The Village on Sixth, according to DykeƵs testimony, Henry was in the parking lot. Dyke had attempted to contact Henry before the incident to ask if there were issues between the two, but Dyke later realized his phone number was blocked.
Phone records provided by DykeƵs defense attorney, Kerry Nessel, logged DykeƵs attempts to reach Henry.
Dyke said he reached Henry through a third-party and Henry responded to Dyke by calling him names and cursing at him, but Dyke said he indicated he didnƵt want to argue. Finally, Dyke walked into the parking lot with his friend Jonathan Jackson to speak to Henry directly.
Dyke said he initially tried to talk to Henry through a rolled-down window. According to a recording of HenryƵs friend, Marquel Brown, talking with HPD after the incident, Henry told Dyke they could Ƶfight it out.Ƶ
Dyke told the jury Henry said he could beat him, after which, Jackson and Dyke both testified, Dyke indicated to Henry he didnƵt want to fight, and the two walked away from the car. According to Dyke, Henry got out of the car and started calling him more names and then punched Dyke.
During the fight, Jackson testified he had to pull Henry Ƶ who Nessel pointed out was significantly larger than Dyke at the time in both height and weight Ƶ off of Dyke twice, as Dyke was shouting that he couldnƵt breathe, and Henry was trying to Ƶgouge his eyes out.Ƶ
Dyke said he is asthmatic and, at one point during the fight, felt like he could not breathe and even blacked out momentarily.
Nessel showed photos to the jury taken of Dyke at the police department following the shooting which he said showed bruising and scratches on DykeƵs temple, neck and back that indicated life-threatening injuries from Henry, although he said Dyke showed no scratches on his knuckles proving he had ever hit Henry.
Multiple witnesses testified that the second time Jackson pulled Henry off of Dyke, the fight seemed to be over. They said Henry willingly separated from Dyke, and the two collected their lost items, including DykeƵs firearm, which fell out of his pants and was placed on the trunk of a car.
But both Dyke and Jackson testified, although Dyke tried to end the fight and walk away several times after Jackson pulled Henry off of him, once he retrieved his firearm, Henry asked him if he wanted to continue fighting. None of the other witnesses testified to this.
ƵI said, ƵIƵm done. Go,ƵƵ Dyke told the jury.
A couple eye witnesses for the prosecution in a nearby apartment testified what they actually heard Dyke say was, ƵI told you so.Ƶ
Still, Dyke and Jackson said Henry either charged at him a third time or at least appeared to be in a Ƶfighting stance.Ƶ When Dyke decided his life was in danger, he said, he fired. When he thought Henry was still after him, he fired three more shots.
Several police officers who were on the scene after the fight, a forensic pathologist and a few people who lived in the apartments or were on the scene testified for the prosecution. While each of them saw the fighting, the shooting or the aftermath, none of them knew exactly what was said between the two men or knew of any prior conflict between the two.
