Cheyenne Jury Hears Closing Arguments in Maggos Shooting Trial
Defense rested without witnesses in the attempted murder case, and the judge set a schedule for jury instructions and final appeals.
By Allison Rojas ·
The defense team for Aaron Maggos concluded its case on Wednesday afternoon without calling a single witness to the stand. Maggos is charged with attempted second-degree murder for shooting Matthew Kerlee in the chest and pistol-whipping him outside a Cheyenne home on April 30. The jury, consisting of eight men and four women, spent the day reviewing video evidence and hearing testimony regarding the victim's injuries and the subsequent investigation.
The confrontation began around 4:15 a.m. when Kerlee arrived at the home of 3523 Central Avenue to drop off Parres Mondragon, the sister of a friend. Kerlee testified that he had met Maggos about ten times and generally got along with him. Mondragon and Maggos had recently broken up after a tumultuous relationship. According to Kerlee, the two started yelling and pushing each other in the driveway. He said he heard Maggos threaten to harm Mondragon, so he got out of his car and threw a punch, which he said he missed. He then claimed to have passed out before regaining consciousness on the pavement.
Police video showed first responders attending to Kerlee, who was conscious but bleeding from his head and chest. He told the officers that Aaron had shot him. Emergency workers asked Kerlee if he had children. He mentioned his four-year-old son and begged the responders to tell him he was sorry for being a bad parent. Drug tests later confirmed Kerlee had methamphetamine, fentanyl, THC, and alcohol in his system. Lead Detective James Eddy testified that door cameras captured the sound of a gunshot, followed by Maggos yelling and using an ethnic slur. A second gunshot was recorded about 20 seconds later, at which point Kerlee yelled that he had been shot.
Dr. James Gates, a general surgeon, examined Kerlee and described the wounds as life-threatening but stable because the bleeding had stopped. A nine-millimeter bullet entered Kerlee's left chest at a downward angle, piercing his diaphragm, stomach, and colon before exiting through his lower back. Maggos allegedly pistol-whipped Kerlee above the right eye and on the crown of his head before fleeing the scene. He surrendered to police eight hours after the shooting when he returned home.
Defense attorneys Stacy Kirven and Cassie Craven used cross-examination to argue self-defense. Kirven pressed Eddy on the investigation, noting that police found two different brands of nine-millimeter casings on the sidewalk. Eddy stated that Maggos' brother provided a nine-millimeter pistol, but the Wyoming State Crime Lab determined it was not the weapon used. Kirven asked if police had swabbed that gun for DNA, and Eddy replied that they never found the actual gun used to shoot Kerlee, making a swab impossible.
After the state rested its case, the defense moved for an acquittal. Kirven argued that Kerlee had been under the influence of drugs and acted erratically. She noted that Mondragon had texted Maggos that they were coming over and would break his windows if he was not outside. Eddy countered that Mondragon gave varying accounts to detectives, including a text saying she still loved Maggos. Prosecutor Steven McManamen argued that Maggos was the aggressor, throwing Mondragon against the car and threatening her until Kerlee intervened. He stated that witnesses saw Kerlee losing the physical struggle, yet Maggos still chose to shoot and then strike him with the pistol.
First Judicial District Judge Nathaniel Hibben denied the motion for acquittal. He stated that either side could present a winning argument to the jury. The judge convened a conference with both legal teams to finalize jury instructions. McManamen indicated that a lesser charge, such as attempted manslaughter, was an option under consideration.
The trial is scheduled to resume at 9 a.m. Thursday with jury instructions followed by closing arguments. The jury will likely receive the case late in the morning or after a lunch break. If convicted of attempted second-degree murder, Maggos faces a prison sentence ranging from 20 years to life.
