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Defense Rests, Closing Statements To Begin Today

P-J photo by Jordan Patterson

MAYVILLE — The defense representing David F. Waggoner, who is facing a second-degree murder charge, rested its case Tuesday with closing statements anticipated to begin today. Judge David Foley approved a justification charge and a lesser included charge of second-degree manslaughter for the jury to consider when deliberation begins shortly after the defense and prosecution have had their chance to address the jurors one last time.

Waggoner, 54, is accused of shooting 30-year-old William J. Michishima in front of 114 Livingston Ave. in Jamestown on July 24, 2018 at around 9 a.m. 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 in front of Foley.

Waggoner is represented by Chautauqua County Public Defender Ned Barone, who has maintained that Waggoner’s actions were in response to Michishima’s aggression and has attempted to prove that Michishima was the initial aggressor in an altercation that led to the shooting. Barone’s opening statement emphasized that the defendant reacted to a “life and death” situation and he has continued to push the narrative that Waggoner was left with no other options.

The prosecution rested its case on March 19. The defense began calling its witnesses on March 21.

Following closing statements, Foley will instruct the jury on how they shall decide the fate of Waggoner during deliberation. Based on testimony and evidence from the trial, in addition to a “charge conference” among both attorneys and the judge, Foley allowed the justification defense to be included in his instructions as well as the lesser charge of second-degree manslaughter to be ruled on by the jury. Swanson objected to both motions to include justification and a lesser charge, but Foley overruled.

The official charges were set to be finished by Foley on Tuesday and sent to the defense and the prosecution before today’s proceedings.

Day seven of the ongoing trial saw only two witnesses called to the stand. One of those witnesses was Waggoner’s long-time girlfriend Kimberly Johnston. Johnston was recalled to the stand as she previously testified as one of the prosecution’s witnesses on day two of the trial.

Johnston is a resident of the Livingston Avenue home and partner of Waggoner’s. Johnston revealed during her testimony as the prosecution’s witness that she hid two weapons on Bailey Street following the shooting. She later showed police where the weapons, wrapped in a towel, were hidden. She admitted to not being entirely truthful with law enforcement at first and agreed to testify originally for a reduced charge.

During Barone’s line of questioning, Johnston recalled Michishima being at the side door attempting to get into the house on July 24. She also recalled Waggoner grabbing a small weapon before he went to confront Michishima.

However, Johnston testified that she didn’t recognize the .22 caliber revolver when placed before her on the stand that had previously been entered into evidence. The weapon is believed by the prosecution to the be the weapon used in the shooting.

Johnston’s testimony also clarified that her motorcycle, used primarily by Waggoner, was stolen on July 15. Michishima was believed to be the suspect based on testimony from the ongoing trial. It was also revealed that Michishima’s motorcycle that he arrived on at 114 Livingston was at one point parked in the garage of the Livingston Avenue residence on July 23.

During Swanson’s line of questioning of Johnston, he reviewed her sworn statement she gave to officers with the Jamestown Police Department around 10:45 a.m. on July 24.

She recalled Waggoner saying to Michishima: “Just get off the bike, it’s mine now. Just walk away.”

While no more witnesses will take the stand, the impending closing statements and jury deliberation will take place before an official ruling is announced. Waggoner now faces the second-degree murder and second-degree manslaughter charges. Waggoner can be convicted of only one charge. He cannot be convicted on both charges. Waggoner can also be acquitted on all charges if the jury finds the evidence provided indicates Waggoner is not guilty or not guilty due to justification.

Court will resume today at 9:30 a.m.

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