ELKINS — A man on trial for murder took the witness stand in Randolph County Circuit Court Thursday afternoon.

Melvin Richard Phillips Jr., 64, testified as a witness for the defense, questioned by James Hawkins Jr, who is Phillips’ attorney alongside Alex Harclerode.

Phillips told the court that, when he returned home from work on May 6, 2024, he began walking from his truck to his residence when he heard something and saw his neighbor, Mark Wirth, 67, standing on his own porch “with a knife,” yelling at Phillips.

Phillips stated that the way Wirth was yelling made him worried, as Phillips’ fiancee was weed-eating in between Phillips’ and Wirth’s residences at the time.

“So I went in the house and got my pistol. I figured it’d scare him and he’d go back in his house,” Phillips told the court. “When I come around the corner of my (out) building, (Wirth) told (Phillips’ fiancee) he’d ‘cut her f-ing head off,’ and he was at the edge of his porch. He grabbed the rail and started off the porch and I told him, ‘Don’t take another step,’ and he started down off the porch and that’s when I… I guess I hit him (near his left eye), I was aiming for his right shoulder so he’d drop the knife. Then he stumbled back and fell on the porch.”

The jury will begin deliberations today in the trial of Phillips, who is charged one count of murder and one count of use or presentation of a firearm during commission of a felony, in the fatal shooting of Wirth, in the Heavner Acres Trailer Court in 2024.

Today the jury will receive instructions from Randolph County Circuit Court Judge David Wilmoth, hear the prosecution’s and defense’s closing arguments, and then begin deliberations. The trial started Wednesday.

On Thursday afternoon, Hawkins asked Phillips if, prior to May 6, 2024, he felt any ill will against or a desire to hurt Wirth, to which Phillips replied that he did not and that he was “just trying to stay away from (Wirth).”

Hawkins had Phillips stand and show how Wirth was holding the knife. Phillips stood up and acted out how Wirth allegedly held the knife out away from himself.

Phillips said his intention was to “scare” Wirth with the gun and said he “never wanted to hurt (Wirth).” When asked by Hawkins as to why he fired the gun, Phillips said it was because Wirth was “coming off the porch” toward his fiancee and that he was “in fear for her safety.”

Hawkins questioned if Phillips had “made plans” or “stopped and (thought) about” shooting Wirth or if the shooting “just happened.” Phillips said the incident “just happened.”

“I don’t like it that he’s gone,” Phillips said when Hawkins asked how he felt about the incident. “I think about it every day. I didn’t want this to happen.”

In cross-examination, Randolph County Prosecuting Attorney Michael Parker said if Phillips’ only intention was to “scare” Wirth, why was he heard on a surveillance video from his own residence saying, ‘Stay right there. Stay right there and see if I don’t shoot your god**** a**” to Wirth.

Phillips said he did not recall saying that, but repeated that Wirth had “scared” him and he didn’t know what Wirth was going to do.

“And when you come out of the trailer, Mr. Wirth is still standing on his own porch, is that correct?” Parker asked.

“Yes, sir,” Phillips responded.

“And you walk over, and continue to walk over, and Mr. Wirth is still standing on his porch, correct?” Parker asked.

“Yes, sir,” Phillips responded.

When asked how close he got to Wirth’s residence, Phillips said he stopped at his property line, and when asked what the approximate distance was from him to Wirth, Phillips said it was around 12 to 14 feet.

Parker asked whether or not Wirth was capable of stabbing Phillips from that distance, to which Phillips said Wirth could not have done so. When Parker asked whether or not Wirth was capable of stabbing Phillips’ fiancee from that distance, Phillips said she had been a little closer to Wirth than he had been and reiterated that Wirth was coming off the porch.

“And then after you shot (Wirth) and he’s dying on his porch, you said, ”F’ him,’ correct?” Parker asked.

Phillips said he didn’t recall saying that.

“Do you recall (Phillip’s fiancee) saying to you, ‘He’s on his f-ing porch?’… And you responded, ‘I don’t give a sh**,’ right?” Parker then asked.

Phillips replied in the affirmative that he did recall that part of the conversation.

The defense also called Patrolman D.M. Coffman, who testified about an incident involving Wirth and police that occurred in 2018, and Micheal Rhodes, who testified that Heavener Acres had previously sent a letter to Wirth’s sister voicing concerns that there could be retaliation against Wirth “from a neighbor that he threatened.”

The defense rested its case Thursday afternoon.

Before resting the prosecution’s case Thursday morning, Parker called Corporal Timothy Morris with the West Virginia State Police, who testified on forensic evidence taken from the scene of the May 6 shooting, such as blood patterns, and Piotr Kubiczek, a forensic pathologist and the Deputy Chief State Medical Examiner of West Virginia, who had examined Wirth’s body after his death.