Posted By: Kayla Bremer
In a full courtroom on the fifth day of the Joshua Albright murder trial, the defendant was called to the stand.
Albright testified in his own defense after being accused of stabbing Benjamin Miller during a fight last August.
"He accused me of sleeping with her and I told him we weren't and we left because he was angry," Albright said. "He was throwing things around the house, he was outside punching the walls...that's why we left."
It all happened outside Miller's home that he shared with his girlfriend, Sasha Sampson. She's also a friend and former girlfriend of Albright's. They went to a friends house to let Miller cool off. In that time, Albright says he and Sasha both received threatening text messages from Miller.
"A lot," Albright said. "I stopped counting after 50."
Albright says when they came back the next morning, he had a flat tire and was attacked by Miller while he was changing it, being hit repeatedly in the head and face.
He says he picked up a knife that he believed to be Miller's laying on the ground and used it in self–defense.
"I opened it (knife) as fast as I could," Albright said. "Because I was...I was scared. He brought a knife. I hit him in his stomach, in his chest. Right here the first time then pushed him off."
Miller was stabbed 23 times including a fatal stab to his neck.
The state says it was 2nd degree murder but Albright says he was scared for his life and was defending himself.
He faces murder charges along with five other felonies.
If convicted he could spend up to life in prison.
Posted: Thursday, June 13
Joshua Albright sits next to his defense team as he watches a video of himself and police unfold the events of last August.
He accused of stabbing Benjamin Miller during a fight that resulted in Miller's death.
"I picked it (the knife) up off the ground," Albright said in the video. "I'm standing here getting hit and I see it on the ground."
Jurors listened as Albright explained that he was attacked by Miller from behind, being hit repeatedly in the head and face.
It all happened outside Miller's home that he shared with his girlfriend Sasha Sampson. She's also Albright's best friend. He says Miller was mad because he thought Sasha was cheating on him.
"He text me that I'm dead and then he tried it," Albright said.
Albright says during the fight, he picked up a knife that was laying on the ground to defend himself from Miller but that the knife wasn't his.
He goes on in the video to explain he only remembers fighting Miller with the knife once but police say it continued from the street to Miller's driveway, where he was stabbed multiple times, including the fatal stab to his neck.
"I think you got mad and you took a couple more stabs at him," an investigator said in the video.
Miller was stabbed a total of 23 times.
The state says it's second degree murder but Albright's attorney says it was self-defense.
The weeklong trial is expected to wrap up Friday but could continue into next week if needed.
Albright faces charges of 2nd degree murder along with five other felonies. If convicted, he could spend up to life in prison.
Posted: Wednesday, June 12
For the third day, Joshua Albright sits next to his defense team as jurors look at evidence and hear from witnesses.
He's accused of stabbing Benjamin Miller to death during a fight between them on August 10, 2012.
"He didn't have vital signs and his condition was unknown so I needed to be in the ER as soon as possible," Dr. Stanley Okosun said.
It all happened outside Miller's home that he shared with his girlfriend, Sasha Sampson. She's also a friend and former girlfriend of Albright.
Albright's attorney says what he did was self–defense but the state says it was second degree murder.
The coroners report shows Miller was stabbed 23 times and the fatal stab wound was to his neck, leaving a massive blood trail and stains on Albright's and Miller's clothes.
"They extend down this portion here," Erin Sims from the Lincoln Police Dept. said. "They appear to be created from cast off...so movement during a strike or movement of flailing arms but if they have blood on their hands or on a weapon, the blood will release and a lot of times you'll get splatter down the back."
Sasha Sampson was on the stand Tuesday and told the jury Albright didn't do anything to provoke Miller. She had been in an argument with him the night before and she left with Albright to give Miller time to cool off. When they returned the next day, Albright had a flat tire.
In court Wednesday, evidence of an air release valve was shown to the jury. Police say it was found in the pocket of Miller's pants.
Albright's attorney says Miller attacked Albright after he finished changing his tire, and he fought back.
Ultimately, Miller died later that day.
The trial continues through Friday and at the end, the jury will have to decide if what Albright did was criminal.
Once again, Albright is facing 2nd degree murder charges and five other felonies.
If convicted, he could spend up to life in prison.
Posted: Tuesday, June 11, 2013
Joshua Albright stands accused of second degree murder in the stabbing death of Benjamin Miller.
After Monday's jury selection and opening statements, witnesses took to the stand Tuesday to give their testimonies of what they saw that fatal morning.
Joshua Albright sat in the courtroom as jurors heard from witnesses and officers that were on scene that morning. He's accused of stabbing Benjamin Miller to death during a fight on August 10th of last year.
"He was sitting next to the car. I remember him saying something a long the lines of, 'Oh my God.' He had blood on his face. He appeared to be kind of shocked and emotional," Lincoln Police Officer Trent Petersen said.
Albright's attorney, Jim Hoppe, says the stabbing was in self–defense. He says Miller and his girlfriend, Sasha Sampson had gotten into an argument the day before.
Sampson left with Albright, a friend she once dated, to go to a friend's house for the night to let Miller cool off. When they returned the next day, Albright's car had a flat tire.
Hoppe says it was a trap set by Miller, and he came at Albright when he had his back turned as he was getting into his car.
Hoppe says Miller hit Albright multiple times in the back of the head and in the face. And that Albright picked up a knife and used it in self defense.
Police say when they arrived on the scene, Albright was sitting next to a car with blood streaming down his face. And Sampson was hysterical trying to help Miller who was in a fetal position on the sidewalk with multiple stab wounds.
"She was leaning over him. It looked like she was covering his neck and he was covered in blood," Officer Petersen said.
Another officer who was on the scene that day says he knew his wounds were fatal.
"The victim in my opinion was not going to survive his wounds," Officer Jeremy Wilhelm said.
The jury watched 45 minutes of footage from the crime scene and heard the audio recording of police first questioning Albright on the scene.
At the end of the weeklong trial, the jury will decide whether what Albright did was criminal or self defense.
Albright faces six charges including 2nd degree murder, assault and use of a weapon to commit a felony. If convicted, he could face up to life in prison.