Jury breaks for the night in Sidney Moorer trial after beginning deliberations

The fate of Sidney Moorer, standing trial in the kidnapping of Heather Elvis, was undetermined Thursday night because the jury requested to break for the evening before rendering a verdict.

The jury composed of 10 men and two women was handed the case about 4:45 p.m. Thursday after hearing the final day of testimony, which wrapped with closing arguments.

After the state rested about noon, Kirk Truslow requested that Judge R. Markley Dennis deliver a directed verdict himself because Truslow claimed the state did not provide substantial circumstantial evidence in their case and said the jury should not have to “engage in guesswork and speculation,” Truslow told the judge while the jury had been excused from the courtroom.

Dennis denied Truslow’s request and ruled to allow the jury to decide the case.

“She was taken and she didn’t get to go where she wanted to go the next day because she is not here,” said Dennis, who also stated that it was inconsistent for a young lady excited about her life to simply vanish.

Earlier Thursday morning, the court heard the emotionally-charged testimony from Elvis’ former roommate, Brianna Warrelmann, whose voice was at times choked by sobs.

“She was mad and she was scared,” said Warrelmann about Moorer contacting Elvis from a Seaboard Street pay phone at 1:35 a.m. Dec. 18, 2013 – the day Elvis was last seen. Moorer called her after purchasing a pregnancy test and cigar at Wal-Mart, according to testimony.

Witnesses testified the relationship between the two ended in October 2013 and that Elvis had been depressed about its ending and scared of Moorer’s wife, Tammy, who was sending her threatening text messages and calls, according to testimony. Tammy Moorer is also accused in Elvis’ kidnapping, but her trial date has not been set.

During their last call at about 1:45 a.m. Dec. 18, 2013, Elvis told Warrelmann that Moorer said he had left Tammy and wanted to be with her.

Warrelmann said Elvis was finally moving on with her life after the breakup, had gotten a new job at a salon and just finished going on a date with Stephen Schiraldi, who Warrelmann said she was excited about, according to testimony.

Schiraldi testified Tuesday that he and Elvis made plans to see each other the next day after he dropped her off at her apartment between 1:15 and 1:30 a.m. on Dec. 18, 2013.

“I got angry and said don’t do it. You’re finally moving on with your life,” said Warrelmann about Elvis considering getting involved with Sidney Moorer again.

Truslow questioned Warrelmann about an abusive ex-boyfriend of Elvis’, her male friends, and Elvis’ troubles with her parents.

After the emotional testimony, Assistant Solicitor Nancy Livesay delivered her closing argument. The defense called no witnesses before resting their case.

“There is not one shred of evidence that points to anyone else,” said Livesay as she spoke for more than an hour.

Livesay said Moorer, 40, lured Elvis to Peachtree Landing, where police testified her car was found locked and abandoned about 4 a.m. Dec. 18, 2013.

Livesay also went over the different ways in which a person could be kidnapped and said that just because there aren’t signs of a struggle doesn’t mean she wasn’t “decoyed away.”

“As soon as he lured her away and decoyed her away, that was kidnapping,” said Livesay.

Tammy Moorer was not in court for the entirety of the trial, but the Moorers’ three children were present for Truslow’s closing argument, and Tammy Moorer did wait outside and watch the proceedings.

“There’s a fine thin line between circumstantial evidence and looking suspicious,” said Truslow.

He brought up the fact that Elvis had an ex-boyfriend who abused her in the past and said police never looked at him or Schiraldi.

Horry County police who handled the case didn’t investigate “fairly and appropriately,” Truslow said.

Lt. Peter Cestare with Horry County police, who took a cursory look around the Moorers’ home with permission Dec. 20, 2013, but didn’t photograph camera monitors in a bedroom out of fear of being “too aggressive” while in the home, also said he didn’t write a report after taking more than two dozen photos of the property, according to testimony.

Witnesses who worked at the Titled Kilt with both Elvis, who was a hostess, and Sidney Moorer, who was a maintenance man, testified Monday that Sidney Moorer was kind to Elvis and brought her coffees and bagels.

Moorer was nothing but kind to Elvis, Truslow said and pointed out that Tammy Moorer, 43, sent threatening messages to Elvis and made harassing calls to her. Truslow reminded the court Tammy Moorer has a kidnapping trial coming up herself.

Earlier in the week, testimony was heard and surveillance footage was shown in court of a truck that the state said was Sidney Moorer’s black F-150 Ford truck, driving to the area of Peachtree Landing on Dec. 18, 2013. Truslow said if that was Moorer’s truck, anyone could have been driving it that night.

Moorer is also charged with obstruction of justice in connection with the case, but Dennis ruled June 14 to try that charge separately after a motion was filed by Truslow requesting that the charges be tried separately.

Sidney and Tammy Moorer were charged with murder in Feb. 2014, but the charges, along with indecent exposure charges, were dismissed for the couple in March. An obstruction of justice charge was also dismissed for Tammy Moorer.

Polly Caison, Tammy Moorer’s mother, said Thursday during a break from court that Sidney Moorer was buying a pregnancy test for his wife that night. Caison, whose home is right next to the Moorers’ on the same property, said she was up at 3:30 a.m. Dec. 18, 2013 and the truck was there and never left the property that night.

The jury is set to reconvene at 9 a.m. Friday. If convicted, Sidney Moorer could serve anywhere from zero to 30 years for the kidnapping charge.

This story was originally published June 23, 2016 at 9:41 PM with the headline "Jury breaks for the night in Sidney Moorer trial after beginning deliberations."