Statements place both suspects at murder scene

Area News

August 11, 2009

Co-defendants differ on what took place

By Michael R. Moser / mmoser@crossville-chronicle.com The Crossville Chronicle Tue Aug 11, 2009, 07:42 PM CDT

In separate interviews to different investigators two men charged with the murder of a west Cumberland County man agree that each was present when the killing took place. The only difference in their statements is who did what.

Michael Kyle Whicher, 23, and Timothy Shawn Rutherford, 27, both of the Sparta area in White County, are charged with felony murder in the stabbing death of Henry Malcolm Frazier, 63, of 317 Old Ridge Rd. Both are also charged with conspiracy to rob Frazier.

Frazier's body was discovered in the yard outside his home on the morning of June 23.

After hearing testimony for nearly 45 minutes from a Cumberland County sheriff's investigator, General Sessions Judge Larry Warner ruled there existed enough evidence to forward the cases against the two men to action of the grand jury later this fall.

Warner also ordered both men held without bond until their first appearance in Criminal Court, set for Sept. 25.

In addition to their own statements, evidence against the pair includes cell phone calls and text messages and a knife recovered from a 2003 Mitsubishi seized by the TBI. The vehicle belongs to the wife of one of the suspects.

Sheriff's Investigator Jeff Slayton testified that when he arrived on the scene he observed Frazier's body at the end of a trail of blood just off a dirt driveway leading to the house. Frazier had been stabbed multiple times in the torso and neck area, the investigator said.

Investigators did recover Frazier's cell phone which showed the last out-going call placed at 10:36 p.m. on June 23. They did not find a billfold on the victim.

Under questioning from Assistant District Attorney Amanda Hunter, Slayton testified that a series of discoveries and information suddenly directed investigators to make Rutherford and Whicher major suspects in the case.

Both were picked up and Whicher was interviewed by Slayton. During that interview, Whicher testified that the two needed money and that they discussed going to visit Frazier to obtain cocaine to resell.

Original plan was to rob Frazier but when the two arrived at the Frazier home, they found him three men smoking crack at Frazier's residence. After the other two left, Whicher told the investigators, Frazier was attacked and killed.

"I choked him," Slayton testified that Whicher said. But Whicher denied stabbing the victim.

Whicher's court-appointed attorney, Kevin Bryant of Crossville, asked Slayton if there was any physical evidence linking his client to the crime scene and Slayton responded, "There was no physical evidence at the scene."

Rutherford's appointed attorney, Randal Boston, asked if there were any other suspects in the case and Slayton responded there were not.

Sheriff's Investigator Casey Cox was then called to the witness stand and testified about a statement he obtained from Rutherford during which the suspect agreed with Whicher that the two had traveled to the Frazier residence to purchase cocaine.

In his statement, Rutherford told the investigators that Whicher was the one who had the knife and that he saw Whicher grab Frazier by the throat and stab him in the chest. Rutherford said he exited the car after Whicher stabbed Frazier four times and heard Frazier "making horrible, gurgling sounds."

He added that it was Whicher who moved the body and then cut the victim's throat.

Whicher concluded his statement by saying that both men promised each other to deny any knowledge of the slaying.

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