(11:55 AM) JPD Detective Takes Stand On Day 2 Of Murder Trial

David Waggoner entering Chautauqua County Court on Thursday for day two of his second-degree murder trial. P-J photo by Jordan W. Patterson

MAYVILLE — Det. Rex Goot of the Jamestown Police Department took the stand in day two of the second-degree murder trial of David Waggoner.

Waggoner, 54, is accused of shooting William J. Michishima, 30, at 114 Livingston Ave. in Jamestown last summer. Michishima was taken to an Erie, Pa., hospital where he died the following day.

The first day of trail began yesterday with opening statements and accounts from four witnesses.

Chautauqua County District Attorney Patrick Swanson is handling the prosecution of the case, which is taking place in front of County Court Judge David Foley. Waggoner is represented by Chautauqua County Public Defender Ned Barone.

Swanson’s statement outlined the day of the shooting implicating Waggoner for the murder of Michishima while Barone focused on prior events leading up to the July 24 shooting. Barone’s emphasized that the defendant “chose not to be a victim” during his statements on opening day and indicated that his actions were justified.

During the morning session of the trial Thursday, Goot was the only witness heard by the jury. Part of the reasoning for Goot’s extended time on the stand is due to numerous objections, brief counsel meeting among the defense, prosecution and the judge and even a brief recess prior to the extended recess for lunch.

Swanson objected many times throughout Barone’s cross examination of Goot arguing the relevancy of some of the questions. The public defender again focused on events prior to July 24.

It was revealed during questioning that Goot interviewed Kimberly Johnston, Waggoner’s girlfriend and resident of 114 Livingston St., on July 23, a day before the shooting. The interview was in regards to a motorcycle she reported stolen a week prior.

On Wednesday, Barone named Michishima as the one who stole the motorcycle, but after objections from Swanson today, Foley ruled that questions about who Johnston believed to be a suspect was hearsay and therfore inadmissible.

Additionally, Barone objected numerous times during Swanson’s line of questioning of Goot. A video of Goot collecting Waggoner’s clothing after he was taken to JPD headquarters was denied admission into evidence and was not played for the jury. However, Goot described the collecting Waggoner’s clothes and what was found.

During that collection, the title to a motorcycle was found. It allegedly fell out of Waggoner’s clothing during the collection. The title, along with other receipts, were accepted into evidence, but information on those items was not allowed to be read in front of the jury, per Barone’s objection and Foley’s ruling. The reasoning was to avoid any prejudicial impact on the jury’s perception of Waggoner.

See Friday’s edition of The Post-Journal for more coverage.