Judge set to decide Brandi Upshur’s fate in murder trial
In Wicomico County court on Tuesday, the fourth of seven charged for the brutal murder of Tavin Molock, Brandi Upshur, had her day in court.
This trial is a little bit different from the one's that came before it because unlike the others, the 40-year-old's fate will be decided by a judge.
On Tuesday, the judge heard several testimonies brought up by the state, including a tearful testimony from the victim's mom Tavin Molock.
A testimony that brought the defendant, Brandi Upshur, to tears as well, as the mother described her son and Brandi's nearly five year relationship.
The state alleges that without Brandi Upshur the victim, Brandi's long time boyfriend, Tavin Molock would still be alive.
They are claiming that Brandi was the reason why the beating of Molock happened in the first place. Co-defendant Brandon Yarns testified that Brandi asked the group to get her money back from Tavin several times before and during the fight.
Money that she claimed was allegedly taken from her wallet by Tavin.
The defense argues that saying "Get my money back" does not make Brandi responsible for the beating and stabbing of Molock and that taking back her money is not robbery.
Therefore she can't be found guilty of first degree felony murder.
Ultimately it will be up to the judge to decide whether or not Brandi Upshur did play a big enough role for the death of Tavin Molock.
Both the state and defense rested their cases on Tuesday, and the judge is taking the night to look over all the facts presented before deciding Upshur's fate.
A decision the judge is set to make at 10:30 a.m. Wednesday morning. Upshur is facing first and second degree murder charges and several others.
Three co-defendants have already been tried in this case. The first, Hammond Taylor was found innocent by a jury on all charges. Edward Winder was convicted of first degree murder and sentenced to life in prison. While Raymond Murray was also convicted for first degree murder, but has not yet been sentenced.
