Jurors said Thursday they needed more time to decide whether a Racine man was guilty of murder for punching a Kenosha teacher, who later died.

Deliberations began about 4:20 p.m. Thursday in the case against Martin L. Walker. Just before 6 p.m. Thursday, jurors said they had not reach a verdict. Kenosha County Circuit Judge Wilbur W. Warren III told them to return this morning to continue deliberations.

Walker, 20, is charged with felony murder for the February 2009 death of Byars, 24. Witnesses said Byars and Walker had a confrontation in the street Feb. 21, 2009, before Walker punched Byars in the face. Byars fell, hit his head and died.

If convicted, he faces 22 years in prison.

Before deliberations began, jurors were told they could consider an alternative to the murder charge against Walker.

Under either charge, jurors would have to decide whether Walker committed aggravated battery, which is defined as causing great bodily harm while intending to just cause harm.

To convict Walker of murder, jurors also would have to decide that the aggravated battery caused, or was a substantial factor in, Byars’ death. If convicted of murder, Walker would face six years in prison.

If jurors cannot agree on that point, they would be able to consider the lesser charge of aggravated battery. That would require jurors to decide that, although Walker might have contributed to Byars’ death, he only meant to cause him ordinary harm.

Closing arguments

Lawyers spent their closing arguments justifying the verdicts they asked jurors to deliver.

Kenosha County District Attorney Robert Zapf urged jurors to ignore Walker’s claims of self-defense and find him guilty.

“Who provoked this? Who was the aggressor? Martin Walker was the one who decided, ‘I ain’t taking this. I’m gonna kick your ass,’ ” Zapf said. “(The person with) the right of self-defense, to protect himself from attack from someone who was charging at him to fight was Colin Byars.”

Zapf acknowledged that a 15-year-old witness, a girl who was with Walker the night of the fight, said Byars threw the first punch, but missed. She was the only witness to suggest that Byars struck first, Zapf reminded jurors.

The teenager, who said she tried to stop the fight, was overcome Wednesday when she was asked to identify Walker as the person who punched Byars. Apparently embarrassed about her tears, the girl got up and left the courtroom, leaving a full gallery of onlookers and attorneys in stunned silence.

The girl finished her testimony Thursday. She said she was upset because Walker had been staring at her.

Jurors also complained Thursday morning that they felt members of the gallery were staring at them. Warren cautioned everyone to keep their eyes to themselves.

Defense’s argument

In his closing argument, Bennett stressed the tragedy of the altercation between Byars and Walker, but urged jurors to think before they convicted Walker of murder for a single punch, particulary since Walker acted in self-defense.

“ ‘Hey where’s the after party?’ Is that provocation for a fight?” Bennett asked, reminding jurors of the question from Walker that sparked the violent incident with Byars.

“What comes next — is that provocation for a fight? ‘Get the f— out of here!’ or, as we’ve heard alternatively, ‘Shut the f--- up!’ ” Bennett said, using Byars’ reported words in response to Walker.

Bennett reminded jurors of witness testimony about Byars and Walker taking boxing-type stances, bouncing in front of each other as if preparing to strike.

“You’re going to have to use your common sense to decide whether this was common sense,” Bennett said. In his opinion, “It was.”

“The state has called Mr. Walker a murderer,” Bennett added. “He is not, and you should find him not guilty.”