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Accused man claims self-defense in murder trial testimony: "they left me no choice"
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BERNALILLO — A Rio Rancho man accused of fatally shooting a local couple in June 2023 at his neighbor's property and moving their bodies claimed self-defense Thursday in his testimony to jurors in the Sandoval County 13th Judicial District Court.
Elbert Thurman Turner Jr., 47, who has pleaded not guilty to killing Rio Rancho couple Jordan Green and Renee "Marilyn" Benham, took the witness stand following prosecutors’ decision not to bring up his other felony case related to assaulting an inmate at the Sandoval County Detention Center in May 2024, when he allegedly said, "I will kill you just like I killed that couple."
But on Thursday, Turner was remorseful while defending his actions.
"I wish I hadn't shot (them)," he said under prosecutors' questioning. "But they left me no choice."
Turner was charged with two counts of first-degree murder and three counts of tampering with evidence in the deaths of Green and Benham, whom he allegedly shot dead with a pistol at a neighbor’s property in the 9000 block of Sixth Avenue Southwest following a dispute over an all-terrain vehicle. He then allegedly wrapped their bodies with a tarp, placed them in a van, and drove them to a drop-off area in a valley past Rio Rancho Estates.
Turner's second trial— the first ending in a mistrial in December — began Tuesday, with the neighbor, Wesley Mauldin, testifying against him.
Turner's defense attorney, Jonathan Schildgen, successfully argued Wednesday to Judge George Eichwald that a single count of tampering with evidence, regarding a tee shirt that may or may not have been worn by Turner, should be dropped.
Thursday marked the first time Turner spoke to jurors. He cried on the witness stand when questioned by Schildgen and said he wished Green and Benham were alive today.
Under cross-examination by prosecutor Chance Sousa, Turner agreed that shooting the couple and moving their bodies had not been the "reasonable" thing to do and that he should have called police the first time Green threatened him with the gun.
Turner also gave his version of events that led to the murder, stating that he and Green had been in multiple altercations about the all-terrain vehicle. Turner said Green, despite his advice, left the oil empty on the three-wheeler after borrowing it. He said when he got the vehicle back, it was reportedly not starting, but that it did start before he loaned it to Green.
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He said in the days leading up to the shooting, he confronted Green about it a few times. Turner claimed that in one altercation, Green had aimed a gun at his chest. He said he left the property and took the vehicle with him.
Turner testified that on the day of the shooting, after confronting Green one more time, he had pointed the gun at him again and had fired a shot into the air. He said he thought Green was going to shoot him, so he shot Green.
Despite the medical examiner's report Wednesday that Green had been shot eight times, Turner testified that he shot Green six times. It was stated that it is possible that some of the bullets had more than one entry point on the body.
He said after he shot Green, Benham picked up Green's gun and aimed it at him, too; first at the chest, then at the head.
"I was looking down the barrel of the gun," Turner said.
He said he "freaked out" and shot Benham. He added that he didn't know he shot her in the eye, as Audra Kerwin, pathologist for the Office of the Medical Investigator testified Wednesday. Kerwin said Green had been shot eight times front and back, and Benham had been shot once through the eye. While a toxicology report revealed both individuals had large amounts of meth in their systems, their cause of death were gunshots, she said. Kerwin also said the couple died from homicide.
Turner testified that Mauldin stepped out of his home after hearing a commotion and asked what Turner did. Turner said Mauldin was panicked and allegedly said he had to get "the drugs and his girlfriend out of there."
Turner said when he asked Mauldin what he should do, Mauldin allegedly told him to get rid of the bodies. Turner said he took the bodies out to the edge of Rio Rancho near the Rio Puerco, which is a valley behind the residential area of the city.
"I wish I hadn't taken that advice," he said.
Turner also said the Mauldin never offered to pay him, like Mauldin had said during Tuesday's proceedings.
Prosecution and defense will make closing arguments Friday and jury deliberations will follow. If convicted, Turner faces life in prison which, in New Mexico, means a 30 year sentence before he becomes eligible for parole.
