Three months before he murdered Shannon McNamara, Anthony Mertz was arrested on charges of aggravated assault and battery for an altercation with a woman in his apartment building, Charleston Police Officer John Blevins testified in Mertz’s sentencing hearing Friday.

On April 12, 2001, Blevins said he was dispatched to Mertz’s apartment building at 1128 Fourth St. and heard a woman screaming “help me” as he arrived.

When Blevins entered the building, he saw tenant Ann Joyner and her boyfriend Brian Catt in a struggle on the stairwell.

Joyner told Blevins she and her boyfriend had been talking to Mertz in the common area of the building when Mertz began flirting with her. When Joyner and Catt then decided to go to her apartment, Mertz became angry and pushed Joyner down on the concrete.

After pushing Joyner down again, Mertz pulled out a knife and used it to threaten Joyner and Catt, Blevins said.

Mertz, 26, is convicted of first-degree murder, home invasion and aggravated criminal sexual assault in the June 12, 2001 murder of Shannon McNamara. The trial is now in the sentencing phase, following the jury affirming that Mertz was eligible for the death penalty.

To determine Mertz was eligible for the death penalty, the jury had to conclude Mertz was 18 years old at the time of the murder, and committed first-degree murder while committing another aggravating factor.

If the jury cannot decide unanimously that Mertz should receive the death penalty, then Judge Dale Cini will administer a sentence.

The prosecution entered into evidence photos of abrasions on Joyner’s face, knuckles and hip from being pushed down, as well as the knife that was seized from Mertz. Also entered into evidence were photos of the common area of Mertz’s building and the empty alcohol bottles Mertz had been drinking before the altercation.

Mertz carried into the courtroom a recent issue of Time magazine with a cover story about DNA and appeared less confident than he had last week.

During opening statements for the sentencing, prosecuting attorney Ed Parkinson told the jury to expect testimony from witnesses who will prove that Mertz is an “evil, evil person” who cannot be rehabilitated.

The prosecution intends to show Mertz sees women as “objects of his prey,” who he has consistently intimidated and attacked.

“This is a candidate for the death penalty if there ever was one,” Parkinson said.

Parkinson described the murder of McNamara as a brutal, heinous crime, the details of which the jury may never be able to block out of their minds.

The defense reserved their opening statements until they begin to call their witnesses.

Roger Hudson, a building service worker for Lantz Arena, testified that when Mertz came to work the day before McNamara’s murder, he looked tired and said he was worn out because he had gone to Terre Haute, Ind., the day before for the Timothy McVeigh execution.

Mertz described the scene at the execution to Hudson as a “circus.” Mertz ended the conversation about the McVeigh execution by saying, “We the people, of the people, killing our own people,” Hudson said.

Hudson also testified he knew

Mertz bought a 9 millimeter handgun from another building service worker while working as a similar position at Lantz Arena.

The prosecution made a judicial notice that Mertz was still on probation for a battery charge in 2000 and was not allowed to own a firearm or dangerous weapon.

The prosecution also called Mertz’s former supervisor at Lantz Arena, Bobby Livingston, to testify about Mertz’s thoughts about the U.S. government.

During conversations they had while working, Mertz told Livingston he was sympathetic to the victims of Waco and Ruby Ridge, situations in which the government intervened with citizens who rebelled against the workings of society.

Livingston also found the gun Mertz hid in the ceiling tile of the Building Service Worker equipment room the day of the murder, after a co-worker told him she had seen Mertz standing on the sink in the equipment room doing something up high.

The other student workers in Lantz Arena would tell Livingston they were afraid of Mertz, but Livingston said he did not know why.

As an employee, Livingston said he never had any problems with Mertz.

“Anthony Mertz is the best student worker I ever had,” Livingston said.

Cathy Boyer testified for a second time that while living in the same apartment building as Mertz she awakened one night to find Mertz sitting in her living room watching television although he was not an invited guest.

Boyer also said Mertz opened her security door for her with a knife when she lent her keys to a friend who was visiting her.

The Coles County Courthouse is closed on Monday for President’s Day, but the sentencing hearing will resume at 9 a.m. Tuesday in Courtroom 1.