By: Bob Strohm
bstrohm@wbcowqel.com
After a three hour jury deliberation, the trial of Brian Brown came to a close late Friday afternoon.
Brown was acquitted on charges of attempted murder of Shelly Fry; however the jury did find Brown guilty of felonious assault with a firearm, a charge that carries a maximum of eight years plus an additional three years for the use of a firearm charge.
After the trial came to a conclusion, County Prosecutor Matt Crall reflected, “Mr. Brown is being held accountable we obviously felt the attempted murder was a warranted charge, but we are not going to quarrel with the jury’s determination and we are very thankful for their service”
The second day of the trial began with Brian Brown’s ex-wife and next door neighbor Anna Brown giving testimony of the events that transpired on May 2, 2013. During her testimony Anna Brown explained that she was out walking her dog when she heard them hollering. When asked what happened after the argument Anna Brown said, “Brian wanted to kiss us goodbye, and that he was going to kill himself.”
After Anna Brown’s cross examination, Brown’s daughter Bethany Brown was brought to the witness stand for her recollections of the events. Bethany Brown explained, “He came over to give us a kiss goodbye, I took my baby next door to the neighbor’s. When I got back mom told me to call 9-1-1. I came over and put towels on the wound.”
Describing her father’s appearance Bethany Brown explained, “He had blood on him, and his eyes were glazed.”
Brian Brown’s friend of 10 years Lisa Zeisler was called to the stand next, during her time on the stand Zeisler mentioned that she had seen both Brown and Fry multiple times on May 2, 2013. Zeisler recounted that Brown had then traveled to her house after Fry was shot, and called her on her daughter’s phone.
“I told him to leave the house and to get away from my family,” Zeisler explained during testimony of what the phone conversation consisted of.
According to Zeisler’s testimony, during their phone conversation Brown told Zeisler that he loved her, always had, and wanted to say goodbye.
After a quick recess Lindsey Heartline was called to the stand. During her testimony Heartline explained that Brown had come to the house to talk to her mother, and to wash up.
According Heartline’s testimony, after washing up Brown then started a conversation with Heartline in which he described the events of getting into a fight with his girlfriend, and that he got pushed too far, and that the authorities were looking for him.
After Heartline’s testimony the prosecution rested their case, and the trial recessed for lunch.
After recess, the defense called Brian Brown to the stand. Brown recalled the day leading up to the events which led Fry to be injured.
During Brown’s testimony he said that during the moments leading up to the shooting that he had felt suicidal, and put the Taurus 9mm to his head at which point a struggle ensued and he accidentally shot Fry.
When the defense asked Brown if he had known that Fry was shot, Brown said, “No I though she was intoxicated.”
After the shooting Brown stated that he had left the scene with the intent to shoot himself.
When cross-examined by the prosecuting attorney’s Brown stated that he got his recollection back through reading the police reports while sitting in jail
While being cross-examined Brown couldn’t recall the moments after the shooting.
After Brown’s testimony the defense rested.
After the jury was recessed for lunch, Brown’s attorney Shane Leuthold referred acquittal on the grounds that the state had properly given a mental test of the patient. The motion was denied.
After returning from lunch recess closing arguments took place in which Prosecuting Attorney Matt Crall pained a picture in which Brown was intoxicated and shot Fry, followed by going to the neighbor’s then going to Morrow County. Crall finished by saying, “The Physical evidence showed he did it, Felonious assault with intent to kill. It is up to you to decide who is responsible.”
During the defense’s closing arguments Luethold told the jury, “There are two witnesses you can rely upon common sense and justice. Common sense tells you to look at something if it doesn’t make sense what has the state shown?”
Leuthold then proceded to show the jury a slide show of the crime scene as well as the victim, and Brown after the shooting, and Brown’s arrest.
Luethold ended his closing argument with, “After you look at the photos look at it and say no to attempted murder, but guilty of negligent assault. It is the one thing that makes sense to you and you won’t have to guess.”
After the closing arguments Judge Russell B. Wiseman instructed the jury before going into deliberations.
After the verdict was read, a pre-sentence investigation was ordered and sentencing was continued for a later date.