P-J photo by Jordan W. Patterson

MAYVILLE — The second-degree murder trial of David F. Waggoner resumed Friday after a day-long hiatus with the defense calling its first two witnesses to the stand. However, any testimony from both witnesses was denied by Chautauqua County Court Judge David Foley as he determined they were not relevant to the trial.

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 was taken to an Erie, Pa., hospital where he died the following day

Chautauqua County District Attorney Patrick Swanson is handling the prosecution of the case.

Waggoner is represented by Chautauqua County Public Defender Ned Barone, who has maintained that Waggoner’s actions were in response to Michishima’s aggression.

Barone, attempting to prove Michishima was the initial aggressor in the altercation and that Waggoner’s actions were justified, called Jennifer Devon, UPMC Hamot nurse, and Colin Gibbs, Michishima’s neighbor, to the stand. Questions of relevancy were raised prior to the jury being brought into the courtroom.

Barone and the defense brought both witnesses in, separately, as an offer of proof as to what their testimony would include. After hearing both witnesses testify, Foley ruled against the defense.

Devon allegedly spoke to Michishima’s mother, Jessica Michishima, when she was trying to reach the next of kin in July.

According to Devon, Jessica Michishima said she “had been waiting for this call for so many years” and the her son had been involved in “horrific things” that she couldn’t talk about.

Gibbs’ testimony involved a fire in his apartment complex allegedly started by Michishima around July 22, 2018. Gibbs said fire services had determined it to be an arson. The Jamestown Police Department allegedly told Gibbs they were going to close the case after Michishima was pronounced dead following the July 24 shooting.

Court was scheduled to resume at 1 p.m.