CASE NOW IN JURY’S HANDS

Closing arguments portray two versions of events that ended in Hyun Kim’s death

Uber driver Hancock is accused of first-degree murder in the death of Hyun Kim.

The question of whether a Denver Uber driver killed his passenger in cold blood or whether he fatally shot him in self-defense after he was attacked now lays in the hands of a 12-member jury.

Michael Hancock is accused of first-degree murder in the fatal shooting of his passenger, Hyun Kim, in the early morning hours of June 1, 2018, on Interstate 25 near the University Avenue exit.

Hancock had picked up Kim from a karaoke bar, where he had been drinking and hanging out with friends, according to testimony. The Uber ride was supposed to be a 2-mile ride for $5. Instead, the pair drove for more than 70 miles, records show.

How the 2-mile ride turned into more than 70 is disputed. The defense team argued that Kim refused to get off at his stop, asked to continue driving around, and after Hancock insisted, Kim put in an address that the two were driving toward when the altercation began. Prosecutors said it was likely that Kim, who had been drinking heavily, had fallen asleep and didn’t get out at the stop, so Hancock kept driving, turning the $5 ride into a much more expensive one. When Kim woke up, he was disoriented and probably reacted to that, they argued.

Hancock testified Monday and told jurors that Kim inappropriately touched his leg three times, and after the third time, he informed Kim that he was pulling

and dropping him off. That’s when Kim started punching him and tried to grab the steering wheel and gear shifter, causing a physical altercation, Hancock said. The struggle ensued between the two until it ended in Hancock shooting Kim six times and the car crashed into a median on I-25.

Hancock sat with his brows furrowed, nervously fidgeting in his chair, as prosecutors and defense attorneys made their closing arguments Tuesday afternoon, the second day of the second week of his trial in Denver District Court.

Prosecuting attorneys spent much of their closing statements arguing that Hancock did not act with reasonable force to getting punched by Kim and that the physical evidence did not match Hancock’s version of events.

In Hancock’s own words, Kim’s punch didn’t necessarily hurt, rather it surprised him, prosecutor Brenna Zortman said. Hancock’s injuries were barely visible, she added.

The decision to fire 10 rounds at Kim wasn’t a quick one nor was it a panic decision, prosecutor Philip Reinert argued.

“It was intentional and it was deliberate. … He couldn’t have reasonably believed that a lesser degree of force was inadequate,” Reinert said.

But defense attorney Johnna Stuart told jurors that witness testimony and evidence indicated that Hancock was using the last means of protecover tion he had available when other methods didn’t work.

Stuart pointed to Hancock asking to get medical assistance for Kim after the shooting as well as witness testimony that corroborated the attack by Kim in the car. Evidence showed that Kim continued the attack and even pursued Hancock as he tried to get out of a moving vehicle, lunging at him and pulling his hair, she argued.

“Michael Hancock is not a murderer,” she said. “He’s not somebody that throws his entire life away on the side of I-25 for no reason.”

The jury is expected to begin deliberations Wednesday morning.