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Despite questions of whether he acted in self-defense, a 22-year-old Utah man on Friday was ordered to stand trial on charges alleging that he fatally beat a friend with a baseball bat.
Andrew Burke Berry IV, of Salt Lake City, is charged with first-degree felony murder, accused of beating 39-year-old Timothy Houlihan to death in Houlihan's Salt Lake City bedroom on Aug. 9, 2016.
After hearing evidence of the alleged crime on Friday, 3rd District Judge Paul Parker bound the defendant over the trial, finding that there was probable cause for the case to move forward.
Berry told officers that Houlihan, wielding the bat, had threatened him after Berry rebuffed sexual advances, according to police testimony. The two purportedly struggled; Berry ended up with the bat, which he turned on Houlihan. Berry told the police that he struck the victim about five times, saying he continued striking Houlihan because he kept getting off the bed and coming after him.
Among the most critical pieces of evidence presented Friday was a grainy, low-quality video from a motion-activated security camera that Houlihan kept in his bedroom. The camera captured the brutal assault that unfolded that day in the apartment, located at 520 S. 500 East.
Salt Lake City Detective Hilary Gordon testified Friday that Houlihan's brother had reported to police that Houlihan kept the "nanny cam" in his room because he had problems with a roommate stealing his things.
The graphic video, played in court on Friday, shows a prolonged assault. Gordon testified that she counted 16-18 times that Berry struck Houlihan with the bat. The video showed Houlihan fall on the bed, remaining largely motionless for minutes as Berry paces around the room and sporadically strikes Houlihan with the bat. After the initial blows, Houlihan lay on the bed for about six minutes before Berry strikes him again.
The pixelated video, however, does not clearly depict how the fight started — or who had the bat first. The top half of the lens was obstructed by an object, so only the torsos of the two men and the bed are visible in the frame. Gordon testified that she did not see any movement that would indicate a sexual advance prior to the attack, and there was no audio recording captured in the video.
During cross-examination of the witnesses, defense attorneys Edward Brass and Kim Cordova emphasized that their client was cooperative with police and was the one who reported the crime. Brass said the two men had "bad history," and that Berry had reported to Park City police last July that Houlihan had sexually assaulted him two years prior. Houlihan had also threatened to kill Berry, Brass said.
Berry, who is being held in the Salt Lake County Jail in lieu of $1 million bail, is expected in court again on Friday for an arraignment.