CONEJOS -- James H. Sprouse, 77, was found dead of head injuries in an old chest freezer at what once was his business in Romeo. It’s up to a jury to decide how he got there.

As the trial wound down Wednesday for his step grandson, Michael Robinson, 35, the jury was sent into their room as defense attorneys moved for acquittal, arguing that evidence presented did not prove the man’s guilt of first degree murder or aggravated motor vehicle theft beyond a reasonable doubt.

The defense staff contended, in light of admitted evidence and sworn testimony, there is no proof that Robinson was at the suspected crime scene in early to mid-June 2016; likewise, there is no evidence that Sprouse was there at that time.

Sprouse’s remains were found in April 2017 sealed in an old freezer in the office of a small store he once operated in downtown Romeo. He and Robinson lived in an adjacent apartment when Sprouse disappeared and his vehicle was driven to California sometime between June 3 and 12, 2016.

His remains were discovered after Colorado Bureau of Investigation (CSI) agents were called to help the Conejos County Sheriff’s Department inspect a small, vacant country store and attached apartment to determine if a crime had been committed there.

The defense contended the crime of first-degree murder required deliberation and it couldn’t be proven. In addition, they told the court, there was no proof that Robinson took Sprouse’s vehicle without permission.

Deputy District Attorney Jordan Welch argued that blood evidence and the placement of Sprouse’s remains in the freezer indicates deliberation and intention and that the elderly man didn’t seem to have defended himself adds to it.

A weapon hidden under the couch wasn’t used and massive head injuries indicated Sprouse was bludgeoned to death without response.

An autopsy was conducted and the coroner performing it ruled the death a homicide.

Sprouse was obviously at home, he told the judge, and Robinson was seen there during the same time frame. Robinson was seen driving Sprouse’s vehicle and then Sprouse was never seen again.

Welch pointed out that Robinson used the Ford Explorer more than 24 hours and the vehicle was recovered in California, close to where its alleged thief was located. Robinson also left personal belongings in the SUV, including his birth certificate, receipts from use of Sprouse’s ATM card and fast food purchases.

The chain of evidence was questioned, examined and re-examined. Who discovered it? Who secured it? What lab tested it and who was the person who completed the job?

Some expert witnesses said they didn’t dust some items for prints at the scene or swab them for DNA due to the fact that they were being sent to CBI crime labs.

Conejos County Sheriff’s Sergeant Margaritas Ortega, lead investigator, said she identified Robinson and then swabbed him for DNA before securing the swabs in an envelope and placing it in the jail evidence locker, where it would be picked up and documented by another officer.

Nicholas Summers, a sergeant in the sheriff’s investigations unit, presented a list of items submitted as evidence to the CBI and said he did not know who placed three items in the evidence locker.

Tanya Atkinson, a forensic scientist with the CBI, said she assisted at the crime scene and helped package up evidence and helped package plastic wrap and duct tape from the freezer.

She then received items in the print lab and determined they belonged to Sprouse, who had prints in the FBI database; Robinson’s were from a birth certificate.

Most of the prints came from the SUV located in California, she said. She did not develop useable prints from some items submitted to her.

Forensic Scientist Caitlyn Rogers, a CBI specialist in serology and DNA analysis, explained in detail the procedure for linking a sample to an individual’s DNA. Some items didn’t provide enough material to arrive at a concrete analysis.

She said some material suspected of being blood was traced conclusively to Sprouse. Both Sprouse and Robinson DNA were found on others.

Rogers said it’s hard to say how DNA gets onto an object or how long it has been there before testing.

Both women donned gloves and opened evidence packages, then sealed them back up, initialing their presence.

Defense testimony Wednesday morning revolved around Robinson’s involvement in a rehab program in El Cajon, California and a filmed deposition of former Conejos County Sheriff Howard Galvez Jr., who recounted what he remembered about the investigation. Seriously ill, he couldn’t appear in person.

Sheriff’s Deputy Laura Amaya, evidence technician, talked about creating activity logs and listed items in connection with the current case but didn’t remember specifics about each one.

She said she became evidence custodian in 2017 and logged some evidence out to the CBI, then again when it was returned.

On Feb. 12, 2017, she went to the Sprouse residence and photographed some muddy tire tracks in the back after a neighbor reported some activity there.

Returning to the stand, Sgt. Summers testified he conducted surveillance of some telephone calls involving Robinson and pulled one recording. The judge did not place it into evidence and the jury was not allowed to hear it.

Veteran CBI Agent Pat Crouch said he became involved with the case on March 15, 2016 when Galvez asked him to talk with some potential suspects, and then he asked Ortega to obtain a search warrant for the Sprouse property at 115 Main Street in Romeo.

After reviewing what Ortega had written and files she had compiled, he said, “I was convinced Mr. Sprouse would still be inside the residence.”

His remains were in the freezer, and blood-soaked mattresses were rolled up nearby. “When I saw the mattresses, I began my investigation there,” Crouch said.

He then tracked Robinson’s travels using bank records of debit card use, exhibiting a map to show where the card was used.

The jury will be seated at 8 a.m. today and a more detailed story will appear Friday.