Cox Says Kiser "Wanted To Kill A Police Officer"

Defense Focuses Attention On Chattin

  • Saturday, November 8, 2003
Kiser enters courtroom
Kiser enters courtroom
photo by John Wilson

District Attorney Bill Cox told a jury from Nashville on Monday morning that Marlon Duane Kiser "wanted to kill a police officer" and carried out an "horrific murder" of Deputy Donald Kenneth Bond Jr.

Kiser denied the charge, standing to tell the jury on the three charges, "I am not guilty."

The state is seeking the death penalty against Kiser on charges of premeditated murder, felony murder in the perpetration of theft and felony murder in the perpetration of arson.

District Attorney Cox said on Sept. 6, 2001, sometime after 1:30 a.m. that Deputy Bond apparently saw something suspicious at Nunley's Fruit Stand on East Brainerd Road. He said he stopped and got out of his patrol car.

He said the officer then "was ambushed and his body was riddled with bullets."

The prosecutor said one shot was in the mouth because the killer "wanted to make absolutely certain he did not survive."

He said the officer's weapon and part of his bulletproof vest were taken.

District Attorney Cox said Kiser went to a nearby house where he was staying and awakened Michael Chattin. He said Kiser began "bragging about how he's just gunned down this police officer."

The prosecutor said Kiser had with him an assault weapon "and plenty of ammunition."

He said Kiser displayed the weapon and vest of Deputy Bond.

He said Chattin made an excuse to get out of the house with his girlfriend, Carol Bishop, and then called police from a nearby Golden Gallon.

Prosecutor Cox said Kiser's fingerprints were found on the pickup truck belonging to Chattin that Kiser allegedly took that night. He said a gun residue test on Kiser was positive. He said boot prints at the scene of the produce stand matched those of Kiser.

Defense attorney Karla Gothard told the jury that Kiser's fingerprints were found on the back and side of the truck, but not inside. He said blood was not found on Kiser's clothes.

He said Chattin took a lengthy time calling police, first going to one gas station that was closed, then taking his girlfriend home, then going to another station and pumping gas and paying for it. She said he then called with a cell phone that he had with him the whole time.

Ms. Gothard said Chattin's wife had left him, and an officer had left a card with him telling him to quit harassing her. She said she did not believe it was Deputy Bond who left the card.

She also said that a next-door neighbor said she saw Chattin and another man outside the residence early that morning - not sleeping with his girlfriend as Chattin said.

Ms. Gothard said officer Bond "was not killed by Marlon Duane Kiser. He was not there."

She said, "There was a rush to judgment in this case."

The state called Malcolm Hedley of Hattiesburg, Miss., who said he met Kiser in 1999 when he was working security at Dole Fresh Fruit, and Kiser was a truck driver. He said Kiser was interested in the fact he had been a sniper in the Marine Corps.

The witness said Kiser asked him about how to purchase a bullet-proof vest. He said he told him they were readily available.

Mr. Hedley said that on Sept. 1, 1999, he sold Kiser a semi-automatic assault weapon that he had bought new at a pawn shop. He said it was a Mac 90 - similar to an AK-47. He said it could fire 30 rounds.

The witness was shown a weapon allegedly used to kill officer Bond, and he said it was the same assault rifle he had sold Kiser. He said the gun had been camouflaged and given a muzzle since he saw it. He said he got some 762 x 30 hollow-point ammunition for the weapon.

He said Kiser told him he was trying to get a court case settled and was having difficulty. Kiser sued several officers in Federal Court on charges of police brutality. He said Kiser told him he was "going to take care of this problem even if I have to kill somebody."

Mr. Hedley said he "looked at Kiser kind of funny," and Kiser said he was joking.

Charley Sims said he operated Uncle Charley's Produce across from Nunley's Produce where the murder happened. He said his business was burned down, and he "had my suspicions" that the operator of the rival Nunley's Produce did it.

He said he could not prove it, and no one was ever charged. Mr. Sims said the operator of Nunley's would throw rotten produce onto his place. He said that when customers would leave his stand, Nunley "would flip them off and holler cuss words at them."

He said the Nunley place "looked like a garbage dump. When agriculture would come, they would give me 100 and give him about a 30."

Mr. Sims said shortly before the Bond slaying that Chattin drove up to his stand in a pickup truck with two other men. He said Chattin asked him if he knew who burned his place, and he told him he believed it was Nunley.

Mr. Sims said the Nunley place later burned also. He said he stopped by and Nunley said he thought it was caused by a kerosene heater.

Carl Hankins said he and Kiser were in the truck the day Chattin went to the Sims produce stand. He said that when Kiser heard that Sims believed Nunley had burned his stand, Kiser said, "We ought to go up there, turn his fruit over and drag him up and down the road."

He said afterwards that Kiser also said they should burn down the Nunley place.

Mr. Hankins, who said he often visited at the Chattin residence, said Kiser "very much disliked police officers." He said Kiser spoke of his police brutality lawsuit and said, "He would kill a man before he ever took a beating like he did before."

The witness said that on the night of the Bond slaying, he was at the Chattin residence along with Kiser and Murphy Cantrell.

He said Kiser got on the phone to Chattin and said he "thought it was time for me to leave. He said things were going on I didn't need to be part of. It would be better if I just left."

The witness said he did leave and Chattin's girlfriend, Carol Bishop, came in as he left.

Beverly Mullis said she had met Kiser on July 27 of the year of the slaying. She said she was a flagger on a construction job, and Kiser was a dump truck driver. She said he gave her his phone number, came over on a Friday and spent the weekend.

She said he began staying there when he was not at Chattin's.

Ms. Mullis said Kiser carried his assault weapon with him and kept it at her house between the mattress and boxsprings of her bed. She said she had two children in the house.

She said that on the evening of the slaying, Kiser got a phone call from Chattin and went over to his house.

Ms. Mullis said Kiser let her use his car and said she could keep it until he got out of jail. She said he later said he wanted it back, and he and his family members have written her a number of letters. She said she still has the car.

Nola Rannigan, who lives near Nunley's Produce, said she was up late playing computer games the night of the officer's death. She said that about 1:30 a.m., she noticed a car with the parking lights on at the produce stand. She said she saw it was still there a few minutes later.

Mrs. Rannigan said she had decided to go to bed and was in the bathroom changing clothes when she heard "a big bam, several bams after that, then a couple of pops." She said she later heard a door slam.

The witness said she was looking out a window when she saw a truck pull out from Nunley's with no lights on. She said the driver looked toward her, then straightened up and drove off. She said he "had to be a fairly big man - at least 6 feet."

She said he "was not in a hurry. He was driving rather slowly."

Mrs. Rannigan said she thought about calling police but went on to bed. She said that about an hour later, she was awakened "by a lot of sirens and flashing lights."

She said she tried to rouse her husband but could not. She said she later shook him and said, "You've got to get up. Something bad has happened."

She said he encouraged her to go talk with police, and she did.

County officer Kevin Floyd said he was working Ooltewah and officer Bond was working East Brainered that night. He said Deputy Bond got a call about a barking dog about 1:15 a.m. on White Road, which he said is about a mile behind Nunley Produce.

The jury was played tapes of the county dispatcher trying to contact officer Bond and getting no response. They tried to reach him on several radio channels and on a cell phone and began looking for him at about 2:25 a.m.

Officer Floyd said he spotted officer Bond's patrol car (car 61) at Nunley's Produce at 2:38 a.m. He said he drove around the car "and my headlights hit on Donald laying in the middle of the parking area."

He said he then radioed, "start me a 20 (ambulance)."

He radioed also that he could see a lot of blood, and "it's not clear if he's 449 (dead) or not. He's not moving."

Sgt. Stan Hardy, the second officer on the scene, said it was obvious that Deputy Bond was dead.

He said there was a strict perimeter set up at the crime scene, but two paramedics were allowed to go up to inspect him. He said, "It was very quick. They went directly to him and back."

Sgt. Hardy was asked about the patrol car the officer was driving at the time. He said to put it in gear it is necessary to depress the brake pedal. District Attorney Cox had told the jury that Chattin said Kiser told him after he killed Deputy Bond that he got in his patrol car but could not get it in gear.

Murphy Cantrell said he was at the Cattin residence that evening, and he said Kiser was there drinking a quart of beer. He said he (Cantrell) left about 10 or 11.

He said he was a former next door neighbor of Cattin's who had moved back to his native Louisiana, but had been thinking about moving back to Chattanooga. He said he stayed a couple of weeks with Cattin, then had been staying at the home of Carol Bishop.

The witness denied that he was at the Cattin house late that night moving something in and out as Ms. Gothard said neighbor Pam Treadway reported seeing.

He said he was asleep at the home of Ms. Bishop when she and Chattin came in and said Kiser had "killed a cop."

The witness was questioned extensively by Ms. Gothard about his background. He acknowledged being behind on child support payments and getting a theft warrant in Cleveland, Tn. He said he now lives in a rural area at Spencer, Tn.

Prosecutor Barry Steelman with murder weapon
Prosecutor Barry Steelman with murder weapon
photo by John Wilson
Latest Headlines
Breaking News
Latest Hamilton County Arrest Report
  • 3/29/2024

Here is the latest Hamilton County arrest report: ASBERY, DAVID BENJAMIN 1920 GUNBARREL APT 404 CHATTANOOGA, 37421 Age at Arrest: 48 years old Arresting Agency: Chattanooga PD VANDALISM/MALICIOUS ... more

New Hope Fire Department Disputes TWRA Report On Kayaker Rescues
  • 3/28/2024

New Hope Fire Department Corey Comstock disputed a report by the Tennessee Wildlife Resources Agency about the rescue of 33 kayakers from extremely high winds near Nickajack Cave on Monday. ... more

Woman Dies After Being Seriously Injured In House Fire Thursday Afternoon
Woman Dies After Being Seriously Injured In House Fire Thursday Afternoon
  • 3/28/2024

A woman died after sustaining life-threatening injuries in a house fire on North Moore Road Thursday afternoon and was rescued by Chattanooga firefighters. Hamilton County 911 received a call ... more