Self-defense claimed in slaying of son, Benjamin Hartman

The state began presenting evidence Tuesday morning in the trial of an Ennice man charged in the May 7, 2005 shooting death of his son, whose body was recovered about two weeks later from a trash pit. Jury selection in Alleghany Superior Court began Monday and opening arguments from attorneys were heard this morning.

Duane Edward "Dewey" Brooks is charged with first-degree murder in the killing of 31-year-old Benjamin Howard "Ben" Hartman.

The state, represented by Assistant District Attorney John Sherrill, is not seeking the death penalty. Should Brooks be convicted of first- degree murder, the sentence would be life imprisonment without possibility of parole.

Representing Brooks are attorneys Donna Shumate of Sparta and J. Clark Fischer of Winston-Salem.

According to testimony, Brooks has maintained throughout that he shot his son in self-defense.

The shooting took place off White Pine Drive, a small secondary road off Jarvis Road near N.C. 18 and the Virginia line. Hartman, who came to Alleghany from Ohio, had been living on his father's land since November 2004.

Greg Wyatt, one of Brooks' neighbors, testified that on May 18 or 19 around 10 p.m. he received a phone call from Brooks, who said he was having some trouble and needed to talk. Wyatt went to Brooks' residence, which he described as somewhat primitive with no running water.

"I had to shoot Ben," Brooks told him. "It kind of freaked me out," Wyatt said. "I was just wondering what's next."

The incident was reported to authorities and Special Agent Lloyd Terry of the State Bureau of Investigation interviewed Brooks on May 19 the Alleghany Sheriff's Department.

Brooks told the agent that he shot Hartman in self-defense, dumped his body in a pit behind the residence along with all of his personal effects and, at some point, covered the body with dirt. Also dumped into the pit was Hartman's dog, which was also shot to death by Brooks. Brooks told the agent that on the morning of the killing, he had refused to take Hartman to Charleston, S.C., where Hartman had planned to get some marijuana from his aunt.

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