The Second Shooter

The Defendant and his companion were at the apartment of the victim in Brooklyn, New York. An altercation broke out between the companion and the victim, apparently over a debt. The companion pulled out a gun and shot the victim twice in the chest at close range. The victim collapsed. The Defendant watched. Two to five minutes passed. The Defendant then drew his own weapon and fired five more shots into the victim's face and head at close range. The victim died from the combined wounds. When questioned by Police, the Defendant said he did not know whether the victim was dead or alive when he fired — he said the victim "looked dead" to him at the time. The Prosecution charged the Defendant with murder. At trial, the central medical question was whether the victim was still alive when the Defendant fired. Two Prosecution physicians testified but acknowledged they could not state with medical certainty that the victim was alive at the time the Defendant shot him. A Defence physician testified that chest wounds of the type the victim received from the companion could be almost immediately fatal.