Opposing attorneys in the capital murder case against Frederic Rogers made their closing statements Tuesday in anticipation of a lengthy and all-but-assured penalty phase before the jury was instructed to begin their deliberations.

“These were no longer people to him; these were no longer his friends,” said Chief Assistant District Attorney Garrick Vickery.

He told the jury how Rogers, after allegedly cooperating with John Legg to shoot and kill seven people inside a Valhermoso Springs drug house in 2020, reentered the home and fired more rounds into the victims who were, by that point, making “death rattles.”

Rogers then tried to burn the bodies and destroy evidence, “with only his own self-interest in mind,” but forensics showed the victims were already deceased before the fires began, according to Vickery.

“I’m thankful, for one, that they died before that happened,” Vickery said.

Rogers’ attorneys, J. Brent Burney, Carl Cole and Christy Miller, from the beginning of the trial have not disputed Rogers’ culpability. During opening statements last week, Cole told the jury that they would find Rogers guilty, and Rogers would die in prison — either by execution or after a life behind bars. On Tuesday, however, Burney disputed some of the capital offenses in Rogers’ indictment.

According to testimony, Rogers, 26, and Legg, 23, arrived at a home on Talucah Road on the night of June 4 and shot and killed four men and three women: Jeramy Roberts, 31, of Athens; James Wayne Benford, 22, of Decatur; William Zane Hodgin, 18, of Somerville; Roger Lee Jones Jr., 20, of Decatur; Tammy England Muzzey, 45; Emily Brooke Payne, 21; and Dakota Green, 17, of Valhermoso Springs.

Because of the fires at the home, one of the capital offenses against Rogers is for murder during arson.

“I won’t dispute the murders,” Burney told the jury, but questioned whether the State could prove all counts beyond a reasonable doubt. He referenced the State’s own forensic witness testimony. “There was no soot. There was no smoke inhalation in the airways. They were dead when the burns were inflicted.”

Since Rogers allegedly took some of the victims’ phones during the crime, one of the capital offenses against him is for murder during a robbery. Burney questioned whether the theft was a “mere afterthought.”

Assistant District Attorney Courtney Schellack, who spoke before Burney, said Rogers in recorded interviews was proud of what he had done. He, along with Legg, had started the Seven Deadly Sins motorcycle club, and two of their victims were members. Rogers’ self-given club moniker was “Pride,” according to Schellack.

“When this case is over, I don’t want you to think about his name ever again,” Schellack said. “I want you to think about the 13 bullet holes in Tammy Muzzey, who invited them to dinner. I want you to think about how this defendant lit her on fire.”

Schellack fired off a series of images: “Think about” the victim who trusted Rogers, only to be shot in the back; “think about” the victim who died in the corner of a garage; “think about” the victim who was shot while holding plates of food.

“Think about Dakota Green,” Schellack said. Green was only 17 years old, the last to die. She had time to realize what was happening, according to Schellack. After shots were fired in the living room, Legg walked straight past her on his way toward Emily Payne.

“He (Rogers) saw his criminal partner, his little brother, John Legg, level a pistol at Emily and, in his words, shoot her in the face,” said Vickery, returning to the image after Burney spoke. He said Rogers then shot Green. Rogers had apparently demonstrated the action during a recorded interview and, according to Vickery, gestured “as casually as you would pick out groceries from a shelf.”

In perhaps a preview of what’s to come in a likely penalty phase for Rogers’ trial, where attorneys will argue whether he should serve life in prison without parole or be sentenced to death, Vickery pushed back on some of Burney’s closing points.

“It was the plan” to steal the victims’ phones and burn evidence, according to Vickery. He said one of the victims possessed an image with the defendants’ firearms and that phones were taken to “eliminate any ties between these victims and the defendant.”

Vickery said it was “clear as day” that Rogers is guilty of capital murder. Burney said “nothing has changed” his opinion from day one of the trial, reiterated that Rogers has confessed twice, and said he expects Rogers will be found guilty.

“This is not a typical case,” Burney said. “We recognize that. I told you we would get to a penalty phase. We’ve got a ways to go after today.”

Jurors did not reach a verdict Tuesday and will resume deliberations Wednesday.

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