District Attorney Dana Cooley called two witnesses to the stand Wednesday afternoon before resting the state's case against Snyder resident Jimmy Dale Norvell, 51.
He is accused of stealing the bacon from United Supermarkets on July 11, 2010.
Norvell's case, which normally would be a misdemeanor, was enhanced to a felony due to two prior misdemeanor convictions for theft -- one in Scurry County and the second in Ector County. Norvell also has two prior felony convictions, including possession of a controlled substance in Andrews County and evading arrest in Scurry County.
Cooley introduced the theft case out of Scurry County by calling County Attorney Mike Hartman to the stand. Hartman testified that Norvell was the same person who committed theft by check in 2002. The Ector County case was verified by fingerprints from Odessa that Jones County investigator Glenn Lawrence matched with fingerprints taken from the defendant earlier in the day.
Defense attorney Reed Filley of Lamesa did not call a witness and rested his case.
Earlier in the afternoon, Filley had asked for a mistrial as one member of the jury had inadvertently entered the elevator with the defendant.
Following the motion, Judge Ernie Armstrong questioned the juror in the courtroom. After being satisfied there was no communication, Judge Armstrong ruled against the mistrial motion.
During closing arguments today, both Cooley and Filley focused on the surveillance tapes and still photographs that were introduced as evidence.
Filley told the jury that if they could honestly tell him, beyond a reasonable doubt, that the videos showed Norvell stealing the bacon, they apparently watched a different video than he did, a point he made more than once.
Cooley countered in her summation by stating that "the pictures are not all you need to rely on."
"The identification evidence does not only come from the video and still shots, you have to concentrate on all the identification evidence," said Cooley. "Snyder police officer Lee Ortiz said it was Jimmy Dale Norvell he saw in the video. Brian Cox (United Supermarkets' assistant manager) said he watched the video with Norvell carrying the bags. And Brian Cox deals with shoplifters regularly."
Cooley said the country is in a moral decline and asked if "we just give up?"
"Are we just going to stand by and worry about being run over in a parking lot by someone who just stole something? By your verdict, please say, the good people in this community don't have to stand idly by. Help stop the evil from seeping into our community," said Cooley. "And sign the guilty form."