Day five of Marine murder trial focuses on call between Mulazim and witness

LEXINGTON, Ky. (WTVQ) — Alibis and a defense witness changing her story on the stand highlight the retrial of a man accused of shooting and killing U.S. Marine Jonathan Price during a robbery in a Lexington parking lot five years ago.

The accused killer, Dawan Mulazim, is being tried a second time for murder because a jury last year couldn’t reach a verdict.

The defense called witnesses who put Mulazim anywhere but where the murder happened, while the prosecution focused on a phone call between Mulazim and one of Thursday’s witnesses.

That phone call was between Mulazim and Joy Birch, who testified last trial she was with Mulazim all night into the morning the day Price was shot and killed.

The 3-way phone call from jail happened a month ago.

Birch testified again Thursday that she was with Mulazim the night Price was murdered. She says he showed up at her house unannounced on June 20, 2014 and they went out. First, to a liquor store then to a strip club until last call.

According to police, Price was shot and killed around 1:30 a.m.

She said in court she never talked to Mulazim again after finding out he was married.

Prosecutors say that’s not true and starting playing a recently recorded phone call between Birch and Mulazim.

“I got you. I just need you to pull up on me one more time, just one more time. Ain’t nothing switched up. I got you,” says Mulazim on the phone to Birch.

Prosecutors say that “one more time” Mulazim is referring to is Birch’s testimony in the first trial.

While playing that recorded phone call, Birch said she didn’t recognize the man’s voice.

She’s heard saying the two needed “to get on the same page.”

“I’m gonna make sure my hand right. Then make sure your hand right though, ya know what i’m saying,” says Mulazim to Birch on the phone.

Birch then changed her story and admitted on the stand she knew it was Mulazim.

We heard from another witness who testified she saw Mulazim at the strip club that night.

Prosecutors say the passenger in Mulazim’s car seen on security camera video at the liquor store is Quincinio Canada.

The defense argues it’s Joy Birch.

We also heard from a firearms examiner with the state who testified that testing confirmed the bullet casing found at the murder scene was fired by the gun police believe to be the murder weapon.

The trial will pick back up Monday morning. They hope the jurors will hear closing arguments then.