Prosecution rests its case in NAU shooting trial of Steven JonesPosted: Updated:
The prosecutions in the murder trial of NAU shooting suspect Steven Jones rested it's case Thursday morning.
Jones, a former NAU student, is on trial in Coconino County Superior Court in Flagstaff for the murder of fellow student Colin Brough and the shootings of three of Brough's fraternity brothers.
Prosecutors presented their final witness Thursday morning.
Det. Casey Rucker, of the Flagstaff Police Department was in charge of processing all the evidence found at the scene. He went through dozens of pieces of evidence for jurors, showing pictures and electronic scans of the scene, including the blood stains, spent bullet casings and gun.
When Casey concluded the state rested it's case.
At that point, the defense team made a motion for the judge to rule, acquitting Jones of the charges claiming the state did not prove beyond a reasonable doubt that Jones is guilty of first degree murder and aggravated assault.
[Special section: NAU shooting]
"No evidence presented by the state, by which a reasonable juror could determine that, the state has established premeditation beyond a reasonable doubt," said Joshua Davidson, one of Jones' defense attorneys.
Prosecutor Ammon Barker asked the court to send the case to the jury based on the fact that they can reasonably find that Jones did have time to reflect on his actions and make a different choice other than to shoot, and kill or wound the victims who were not threatening his life at the time. Barker said after being punched, Jones disappeared and went to his car.
"What he did was he got his gun and he came back to the fray. The jury can make the inference that at the time he went to go get his gun, the 150 feet to his car, that he was reflecting," said Barker.
Coconino County Superior Court Judge Dan Slayton said he had no choice but to deny the defense motion to acquit because reasonable minds could differ in opinion with the evidence present, so the case must go to the jury.
But he added that he would consider giving the jury options.
"I will, if requested by the defense, entertain a lesser included offense of disorderly conduct with a weapon to the aggravated assault charges based on the evidence presented so far," said Slayton.
The defense team is set to call it's first witness Thursday after the lunch break.
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