×

Jury Deliberation Begins In Murder Trial

David Waggoner is pictured in court on Wednesday. P-J photo by Jordan Patterson

MAYVILLE — Jury deliberation began Wednesday in the second-degree murder trial of David. F. Waggoner.

Waggoner, 54, is accused of shooting 30-year-old William J. Michishima in front of 114 Livingston Ave. in Jamestown on July 24, 2018. Michishima died the following day in an Erie, Pa., hospital.

The jury will continue its deliberations today on the murder charge, though a lesser charge of second-degree manslaughter can also be considered. Chautauqua County Court Judge David Foley approved the defense’s motion to include the lesser charge.

Chautauqua County District Attorney Patrick Swanson and Public Defender Ned Barone both addressed the jury one last time Wednesday in closing statements before the jury began deliberation.

“Ladies and gentlemen, please return David Waggoner to his family,” Barone said to the jury, asking them to find Waggoner not guilty.

The public defender called the jury’s attention to the lack of “forensic evidence” numerous times during his closing argument. He again noted that Waggoner was defending his family.

In his closing statement, Swanson referred to what Waggoner told police the day of the incident. He said Waggoner denied shooting Michishima to Jamestown police investigators while also noting that Michishima did not have a weapon on him during the encounter.

Barone’s opening and closing statements emphasized that Waggoner reacted to a “life and death” situation, and maintained that Waggoner was left with no other option.

“Most of us are fortunate enough to go through life being able to avoid danger, being able to avoid violence. Unfortunately, situations arise that some of us are unable to do that,” Barone said.

“This particular situation put David Waggoner in that position.”

“We’re programmed as human beings. We have instincts, and when faced with danger or the threat of death or the threat of great bodily harm, we’re programmed to do certain things,” Barone continued. “When put in a situation where we believe that we’re going to either be seriously hurt or killed, we react.”

Barone also brought up Waggoner’s longtime girlfriend, Kimberly Johnston, and their grandson who was 6 years old at the time of the shooting. It was their grandson who notified Johnston and Waggoner that Michishima was at their residence on July 24 just before 9 a.m.

Meanwhile, Swanson asked the jury to recall testimony from one witness who spoke to Michishima when he appeared to be remorseful for an incident that took place before the shooting,

According to Swanson, “(Michishima) just wanted to make things right” when he visited 114 Livingston Ave. that morning with the title to his own motorcycle. During trial, Michishima was said to have stolen a motorcycle belonging to Waggoner and Johnston around July 15. Swanson argued that the shooting was directly related to the motorcycle theft, while Barone said it was a progression of events.

Swanson referenced Johnston’s sworn statement to law enforcement during trial. Johnston testified to hiding two weapons following the shooting, one of which was believed to be the weapon used to kill Michishima.

“‘Just get off the bike. It’s mine now. Just walk away,'” Johnston said she heard Waggoner say to Michishima moments before the shooting, to which Swanson said Wednesday: “Those were some of the last words that Billy Michishima heard before a bullet crashed through his skull, sliced through his brain dropping his body to the brick roadway.”

Swanson told the jury he had put forth evidence that proved beyond a reasonable doubt that Waggoner was guilty. He refuted the notion that Waggoner’s actions were justified and that Michishima was the initial aggressor.

“You now have heard credible evidence that on July 24, 2018, at about 9 a.m. the defendant raised a gun pointed it at the head at Billy Michishima and pulled the trigger — killing him,” Swanson continued. “This was not a mistake. This was not an accident. At that moment in time, the defendant intended to kill Billy, and he did.”

During deliberation, the jury sent two notes to Foley, one regarding time restrictions for deliberation for the day with the other asking to re-watch video evidence of an interview between Waggoner and Capt. Robert Samuelson of the Jamestown Police Department.

Newsletter

Today's breaking news and more in your inbox

I'm interested in (please check all that apply)
Are you a paying subscriber to the newspaper? *
   

COMMENTS

[vivafbcomment]

Starting at $4.62/week.

Subscribe Today