HAMILTON — Prosecutors say “Gil” Emmett was a victim of a robbery — of a $1 bill and his ATM card — that led to murder.

        But the defense lawyer says Mr. Emmett's death was the unplanned result of a fight.

Bird

        A three-judge panel must try to sort out which version is the truth in the death-penalty case of Derrick Bird, 21, of Middletown. He and co-defendant Brad Isbell are charged with aggravated murder and aggravated robbery in the May 2001 beating death of Mr. Emmett, 37. Mr. Isbell's trial is set for June 2-4.

        As Mr. Bird's trial began Tuesday in Butler County Common Pleas Court, Assistant Prosecutor David Kash said Mr. Emmett socialized pleasantly with Mr. Bird and Mr. Isbell, among others, at Barb's Pub in Middletown.

        But later, Mr. Kash said, the pair got of Mr. Emmett's ATM card and made five failed attempts to use it, then beat him to death. “They had beaten him so hard that his pants had fallen off,” Mr. Kash said; Mr. Emmett's liver was nearly split in two.

        Afterward, Mr. Bird and Mr. Isbell showed up at the Middletown apartment of Cheryl Shake, another patron of Barb's.

        She testified Mr. Bird told her something shocking: “I think we just beat some guy to death.”

        Defense lawyer Christopher Pagan questioned whether Ms. Shake was accurately repeating his client's words. He maintains his client and Mr. Isbell thought Mr. Emmett was still alive after they had fought over an agreement to buy marijuana.

        Ms. Shake was adamant that she had accurately recounted Mr. Bird's statement; she thought Mr. Bird was joking about the beating death, because he laughed as he spoke about it. But when she expressed disbelief to Mr. Bird, “He said, "for real,' and was still laughing,” she said.

        In hindsight, Ms. Shake noted details she found odd when the men visited her:

        • Both were “fidgety.”

        • Mr. Bird had changed his shirt.

        • Mr. Isbell had bloody, scraped knuckles.

        The trial is to continue today before judges H.J. Bressler, Matthew J. Crehan and Patricia Oney.

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