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Closing statements heard in trial of man accused of shooting, killing ex-girlfriend's two young boys

Neither the defense nor the prosecution deny that Kevin Moore shot his ex-girlfriend's three sons. At question is his sanity at the time of the double homicide.

TOLEDO, Ohio — The trial of Kevin Moore, who is charged with shooting three of his girlfriend's sons and killing two in south Toledo in February 2021, is coming to a conclusion as Moore's defense argued he is not guilty by reason of insanity.

Five-year-old Ahmir Phillips and one-year-old Gabriel Phillips died from multiple gunshot wounds. Four-year-old Ashtan Phillips was critically injured but survived.

On Thursday, the defense and prosecution had their last day of testimony and provided closing statements.

Moore left a fourth child -- a girl -- unharmed, which was critical to the defense's argument.

The defense claimed the three boys were picking on the young girl and Moore wanted to protect her, triggering a schizophrenic episode that led to him grabbing them and shooting them in the head.

The defense insisted he wasn't in control of his actions and the prosecution spent the last day of testimony attempting to poke holes in that theory, bringing in a psychologist and psychiatrist who had extensively interviewed Moore after the shooting.

Both professionals separately ruled that Moore is a severely mentally ill individual, but he did know what he was doing when he shot the three children.

"It was my conclusion that he was able to know the wrongfulness of his acts when he did what he did, and he doesn't meet the criteria for not guilty by reason of insanity," the clinical psychologist, Dr. Gregory Forgac, said.

Earlier in the trial, the defense had found an equally qualified doctor who said Moore's mental illnesses were so severe he did qualify, referencing incidents where Moore was seen playing with feces, felt things crawling on his skin and thought a television was sending him secret messages.

In their closing statements, both sides of the trial emphasized Moore's mental fitness or lack thereof. 

"The defendant made a horrible decision that he himself admitted he can't come back from. He knew what he had done was wrong," the prosecution said in its closing statement.

The defense fell back on a crux of its argument in its closing statement: the fact that Moore left the fourth child unharmed.

"What does [Moore] do, according to the statements to the police, after the homicide and after the shooting?" the defense said. He takes the little girl where? Out of the apartment? No. He puts on the television and watches a cartoon with her. He plays his favorite song. That's not right, judge."

Both sides will return to court on March 16 when Lucas County Judge Eric Marks is scheduled to announce his verdict.

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