(1:40 PM) Defense Testimony Continues In Trial Of David Waggoner

David Waggoner is pictured Friday morning in Chautauqua County Court. P-J photo by Jordan Patterson

MAYVILLE – Testimony from the ongoing second-degree murder trial today painted the defendant, David F. Waggoner, as increasingly worried and the deceased, William J. Michishima, as remorseful leading up to July 24 shooting.

Waggoner, 54, is accused of shooting 30-year-old 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

The defense rested its case on March 19. The prosecution began calling its witnesses yesterday.

Yesterday, video was played for the jury from Jamestown Police Officer John Conti who transported Waggoner to Jamestown Police Department on the day of the shooting. In the video shown, Waggoner expressed to the JPD officer that Michishima had been visiting the 114 Livingston Ave. home and “scaring (the family) to death” in the days leading up to July 24.

Waggoner also indicated to Conti that Michishima wanted to join a motorcycle club he had formerly been associated with but no longer had ties to.

Conti remained on the stand until this morning. More video was played regarding an interaction between Conti and Waggoner leading up to his interview at JPD that was conducted by Capt. Bob Samuelson.

During the additional video clip played for the jury today, Waggoner asked how Michishima was “doing.” Conti was unaware of Michishima’s condition.

Waggoner also indicated he has had trouble sleeping for two days due to concerns over Michishima.

“I haven’t been to (expletive) bed in two days because of him. I’m tired,” Waggoner was heard saying.

As for Michishima’s state of mind around the time of the shooting, witness Bryan Sleight, boyfriend of Michishima’s cousin, said he saw the deceased the night of July 23. At that time, Sleight said Michishima intended on making amends and said “he really messed up.”

According to Sleight, Michishima said he wasn’t going back to jail and was set on making amends as it related to Waggoner before he left Sleight’s home.