Salt Lake Tribune
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Shooter testifies in death of guard at truck stop
This is an archived article that was published on sltrib.com in 2008, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.

Accused killer Roger Allen Malcolm testified Wednesday that he meant to shoot his gun during a violent 8-second tussle with a truck stop security guard, but never meant to harm anyone.

Malcolm told a 3rd District Court jury he intended only to fire a round into the air to show Verne Jenkins the weapon was loaded and convince the guard to let him go.

"I'm not going to let some stranger grab me by the head and neck," said Malcolm, who claimed he was surprised and confused by the sudden attack. "There was a need to control the situation."

But Malcolm also said he thought the guard, armed only with pepper spray, was "going for his gun."

The single bullet Malcolm fired pierced Jenkins' larynx. Damaged tissue clogged the man's airway and he quickly died from asphyxiation and blood loss, according to medical testimony.

Truck stop store employees had testified that Jenkins ordered Malcolm to leave the store for being loud and disruptive.

They said Jenkins was escorting Malcolm out when the fight broke out.

But Malcolm - who carried the 9 mm pistol in a concealed holster - claimed Jenkins never spoke to him prior to the fight.

Also Wednesday, jurors were shown video from two security cameras that captured the December 2007 slaying.

In the audience, Jenkins' widow, Stephanie, wept while watching her husband's death repeatedly replayed to show events from different perspectives.

"It was hard," she said outside the courtroom. "It was extremely difficult to actually see him die . . . more than once."

The video footage shows Malcolm - who was trying to buy a pack of gum - leave the checkout counter followed by Jenkins. Then they both disappear from camera range.

When the men reappear on camera, Jenkins appears to grab Malcolm and the two grapple then fall to the floor. Seconds later, Jenkins remains motionless while Malcolm gets up and sits at a table to await police.

If convicted, Malcolm, a heavy equipment mechanic, could face up to life in prison.

shunt@sltrib.com

Jury deliberations begin today

Roger Allen Malcolm, 51, is charged with first-degree felony murder for killing 31-year-old Verne Jenkins on Dec. 26, 2007, at Sapp Bros. Travel Center in Salt Lake City.

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