When Davon Brown was gunned down in front of his apartment building in July 2012, he was hanging out with his two best friends cracking jokes.
In opening arguments Wednesday, prosecutors described that scene, calling the 22-year-old an “innocent bystander.”
The man prosecutors say is responsible for Brown’s death: Jashua Johnson.
But Johnson’s defense attorney, Jason Downs, says that’s “impossible.”
Johnson was not near Brown when Brown was shot, Downs said.
Johnson, 20, is charged with first degree murder and several assault and weapons offenses in connection with Brown’s shooting death. Another person was shot five times that night and sought shelter inside a neighboring apartment building.
Court documents state that a witness told police that Johnson approached Brown and another person from behind. The witness said that Johnson began shooting at Brown’s companion, who then fled into the 2300 block of Green Street Southeast, with Johnson in pursuit.
But defense attorney Downs says that the eyewitness who claimed to have seen Johnson has poor vision and therefore his testimony can’t be trusted. Downs also noted that the shooter was wearing a mask that night, which prevented the other witness from identifying the shooter.
The trial is scheduled to resume Thursday in front of Judge Morin.
