The six-foot-five 215 pound Tiernan can be seen on the tape lunging at Parker who was seated on the floor. He punched him hard in the head and when the boy tried to scramble away, Tiernan grabbed the much smaller boy around the waist and slammed him head first onto the floor. Tiernan punched Parker once more before two female employees pulled him away and sent him out of the room.
Another worker is seen standing over Parker, not offering any assistance, after he slowly pulled himself up on a couch arm. After a couple seconds, the worker steps over Parker’s bent legs, leaves the room and the tape goes blank.
According to police, the two teens were together peacefully eating snacks in the kitchen later. Employees found Parker unresponsive on a bathroom floor about three hours after the altercation. Police and an ambulance were summoned. Parker died at Children’s Medical Center Hospital in Cincinnati nine days later due to his head injuries. Prosecutors maintain Tiernan “knowingly” caused serious physical harm to Parker, which proves murder.
“We’re going to ask that you find this defendant guilty of murder,” Assistant Prosecutor Brad Burress said during opening statements. “Not because he purposefully killed him, but because he knowingly caused serious physical harm that caused Anthony Parker to die. It’s nothing more, but certainly nothing less.”
The defense said it wants to convince the jury Tiernan’s crime amounted only to reckless homicide or involuntary manslaughter.
“Usually when teenagers get in a fight, the unexpected and tragic death does not occur. If it does occur, it’s involuntary manslaughter,” Rittgers told the jury. “This is not a felonious assault and it’s not murder.”
The trial resumes Wednesday with coroner’s testimony and possibly one more prosecution witness. Rittgers said Tiernan will take the stand and they plan to call about three witnesses and show a videotaped deposition.
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