HAGÅTÑA (The Guam Daily Post) — Arnold Narruhn’s fatal injuries after a fight last year could not have been received by Branty Walliby, according to defense attorney Terrence Timblin.
The trial for Branty Walliby, who is charged with murder in connection to the death of Narruhn, started in the Superior Court of Guam on Monday, exactly one year after an altercation that turned fatal at New Fatima Mart in Dededo.
In his opening statements in Branty Walliby’s trial before a jury of 12, prosecutor Sean Brown highlighted the events that occurred a year ago, which involved Branty Walliby, his brother Jerron Walliby, Narruhn and another man, John Otto.
“One year ago, to this day, Dec. 11, 2022, there was some fighting,” Brown said before discussing evidence such as videos, witness testimony and photos which will be introduced to the jury throughout the trial.
Brown said before the fight, Branty and Jerron Walliby were drinking alcohol while Narruhn and Otto were also drinking before they met and had a conversation.
“A few minutes later, you’re going to see in the videos in front of New Fatima Mart Arnold and John are walking off-screen a little bit, and then that’s where things kind of get fired up. Jerron and Branty, there’s some punches thrown, a lot of kicks are thrown, and then you see some other people involved,” said Brown, explaining those in the video will be called as witnesses to testify they were trying to prevent the altercation.
Brown subsequently discussed details of an autopsy conducted of Narruhn in which Chief Medical Examiner Dr. Jeffrey Nine had initially thought the victim did not have injuries consistent with what he saw in the video. Brown explains Nine, who is set to testify, will later change his opinion.
As he closed his opening statements on the first day of trial, Brown briefly explained how Branty Walliby could be found guilty of murder, a verdict Brown believes the jury will come to at the close of the trial.
“What made it murder, and what I expect the evidence to show, is that Arnold Narruhn never fought back. He never punched back. The whole time he is trying to stop the defendant (Branty Walliby) from hitting and kicking John Otto,” Brown said.
Defense
Following Brown’s statements, Branty Walliby’s attorney Terrence Timblin told the jury the “evidence will not be able to show who caused the death of Arnold Narruhn.”
Timblin explains the Walliby brothers were “drinking beer and minding their own business” before encountering Narruhn and Otto.
“At that time, Mr. Narruhn and his friend John Otto approached them and began cursing at them and like the Wallibys, they were very drunk. The Wallibys had never seen these two before and had no idea why they’re being cursed at. They did not take kindly to this,” Timblin stated.
Then Timblin touched on the injuries sustained by Narruhn, which included a scrape to the knee and a one-half or three-quarter-inch cut to his left forehead. Timblin emphasized the injuries, according to Dr. Nine, were inconsistent with strikes from punches or from someone wearing flip-flops, which Timblin stated Branty Walliby was wearing at the time.
“In other words, Mr. Narruhn received an injury from someone other than Branty Walliby. But that this did not appear on any of the videos, … the camera may not lie, but it doesn’t tell the whole story,” said Timblin.
Timblin then posed the injury may have been caused by someone using a broomstick.
“The evidence will show that somebody involved in the fight happened to have a broomstick and that is Jerron Walliby,” Timblin said before showing the jury a photo of Jerron Walliby holding a broomstick on the day of the fight.
Timblin said, with all the evidence in mind, he’ll be asking the jury to return a not guilty verdict.
Branty Walliby sits during opening statements of his murder trial Monday, Dec. 11, 2023, at the Superior Court of Guam in Hagåtña.
