Jury begins deliberations

Man accused in murder case says he was a victim

A man on trial for his alleged participation in a robbery that left a Florida Atlantic University student dead testified Wednesday that he is innocent of the murder charge against him.

Donovan Malik Henry, 19, of Miramar, testified a gunman killed Nicholas Acosta last year during an off-campus drug buy in Boca Raton, and said the gunman threatened him, too. Henry, then an FAU freshman and soccer player, said he drove Alexander Gillis, Acosta’s alleged shooter, to Miami Gardens after the killing because “I was scared for my life.”

Now, a jury will decide whether Henry is guilty in the murder case. Jurors began delib- erating late Wednesday and plan to resume at 8 a.m. Thursday. If a verdict is not reached Thursday, the trial could extend into next week or longer.

Prosecutors say a robbery turned deadly when 19-year-old Acosta was shot by one of the intruders after he and his girlfriend were ordered to the ground on Dec. 29 inside a unit they shared with another roommate.

Henry faces an automatic sentence of life in prison if convicted on a murder count.

Henry on Wednesday testified Gillis told him he had killed three people that year, and didn’t have a problem killing Henry if he told on him about what happened. Gillis also reminded Henry he lives down the street from his grandmother, Henry said.

“He had a gun. He had just shot my friend,” he said. “What else was I supposed to do?”

Henry’s attorney Scott Skier showed Henry photos of three of his alleged accomplices, including Rodrick Woods, who testified against him Tuesday.

Chief Assistant State Attorney Brian Fernandes asked Henry why he did not try to get away from Gillis to call law enforcement, instead disappearing from the scene with the shooter in his car. “Instead of helping a man dying in front of you, you just ran away, didn’t you?” he asked.

The day Acosta was killed, Henry was wearing a blue FAU shirt, officials said. The others wore masks, hoods pulled tightly around their faces and hats to disguise their identities, police said.

Fernandes asked why Henry had complied with Gillis’ demands to take his shirt off to hide from law enforcement searching for them on Florida’s Turnpike. The clothes were later found in Henry’s red Honda Accord. “I was terrified,” he said. Fernandes asked if Henry was telling the jury he was a victim with no prior knowledge of the robbery.

“Yes,” he said. “I was a victim.”

In Wednesday’s closing arguments, Skier argued that Henry was manipulated by his three alleged accomplices, Woods, Gillis and Gillis’ cousin.

Skier encouraged the jury to note the difference in demeanor between Woods, who testified wearing a blue jail jumpsuit and chains on his hands, and Henry, who appeared sullen in a black suit and gray tie. Woods could not look at Henry when testifying against him, he said.

“He’s young, he’s impressionable,” he said of Henry. “You’re supposed to make your determination based on evidence that proves beyond a reasonable doubt. It is reasonable to doubt Mr. Woods.”

Assistant State Attorney Reid Scott argued that Henry’s actions after the shooting were inconsistent with those of a victim.

Henry lied to the police, didn’t try to run away from Alexander Gillis and gave an inconsistent testimony which shows that he was lying, he said. Henry betrayed Acosta, someone who was supposed to be his friend, Scott said.

“That’s what this case is about, betrayal in the worst way,” he said. “Over something so inconsequential and meaningless as marijuana. That was the price [Henry] put on the head of Nicholas Acosta.”