Hayes testifies in murder trial

HAVELOCK — Monday was a pivotal day of testimony in the Gary Lamont Hayes murder trial.

Hayes took the stand, admitted that he had an alcohol problem, that he was drunk the early morning hours he pumped three slugs from a .12-gauge shotgun into Odell Foster, and that he feared for his life from Foster along with Foster’s friends from Harlowe.

Hayes also reached out to the Foster family after defense lawyer Walter Paramore III asked him how he felt about what happened on April 26, 2008.

“It’s not something I wanted to happen; I didn’t go planning to shoot someone. I feel sorry for the Foster family. It is hard. I cannot say I won. I am very sorry about it. It has eaten me up for the past 18 months,” Hayes said.

Before Hayes took the stand, several of Hayes’ fellow Marines, including two sergeants, testified that Hayes was a peaceful man, non-aggressive, and that he did fear for his life. The men who testified worked with Hayes aboard Cherry Point air station in the MAW 14 squadron where aviation electronics are repaired.

Some of the Marines were with Hayes when there were fights at a club in Atlantic Beach and two fights at Hot Shots in Havelock. The Marines identified men from Harlowe as those involved in the scuffles.

The Marines testifying on behalf of Hayes said he drank heavily, both weekdays and on weekends.

Sgt. John Norfleet said he saw Hayes after one of the fights.

“His clothes were torn, he was bruised, he had cuts on his face and his face was swollen,” Norfleet said.

The defense witnesses said that there has always been a feud between Marines and Harlowe residences. Foster was from Harlowe.

Hayes received a less than honorable discharge from the Marines in October 2007, six months before the April 2008 killing in Havelock outside the Bayside Restaurant. He said he was discharged six months before his 5-year contract was up because of a pattern of misconduct that involved alcohol and insubordination.

Hayes said when he shot Foster, it happened fast.

“I saw him reach in his baggy pants for a gun and hammer,” Hayes said. “I fired quickly. I don’t know how many shots I fired. I was drunk, very drunk, I know that.”

A psychiatrist for the defense is expected to testify Tuesday after Assistant District Attorney Ann Kirby finishes her cross examination of Hayes.

Closing arguments could come by the afternoon.