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PROVO — An Orem man acquitted of murder two months ago is now accused of lying under oath during his trial.
Elbert John Paule, 20, was charged Thursday in 4th District Court with two counts of making a false or inconsistent material statement, a second-degree felony.
In February 2019, Paule shot and killed Dominique Barnett, 26, with a shotgun at point-blank range, without saying a word, in the doorway of Paule’s apartment after Barnett had gone to the complex with his fiancé and their child to confront Paule about a drug deal, according to prosecutors.
Paule was charged with murder. But following a one week trial, a jury acquitted him of the murder charge, believing that the shooting was in self-defense. He was convicted, however, on a charge of obstructing justice, a second-degree felony.
During the trial, Paule took the witness stand in his own defense. He stated that after retrieving his shotgun and while standing in the kitchen, “Paule claims Barnett opened the door, entered the apartment with a knife in his hand and advanced toward Paule. Paule testified that Barnett was inside his apartment when he shot Barnett. Paule testified that he did not open the door and although the door was locked, Paule claimed that Barnett somehow opened the door and entered the apartment,” according to charging documents filed Thursday.
However, two other witnesses who were present that night, including the fiancé, told police that it was Paule who opened the door and shot Barnett in the outside hallway, the charges state.
In addition, after Paule was acquitted, prosecutors “asked two blood spatter experts to review the photographs, scene videos and other physical evidence obtained in Barnett’s death. The expert witnesses indicate that the evidence in the case supports a finding that Barnett was not inside the apartment when Paule shot Barnett,” according to charging documents.
Prosecutors note that three witnesses who were present the night of the shooting and the two blood spatter experts did not testify during Paule’s trial.
“Paule made several false material statements under oath during the trial when he testified. These false statements include Paule’s claim that Barnett opened the door to the apartment and that Barnett entered the apartment when Paule shot Barnett,” the charges state. “The false statements that Paule made while testifying were material and capable of affecting the outcome of the trial as to whether Paule committed murder.”
