GRAND RAPIDS, Mich. — A Grand Rapids man is on trial in Kent County for murdering a 13-year-old boy who he claims he shot and killed in self-defense.
The shooting happened on 29th Street near the Woodland Mall in Kentwood nearly a year ago.
During opening arguments Tuesday, state prosecutors argued instead of calling police, Justin House, 31, took matters into his own hands and killed Jamarion McCuller. He also took steps to distance himself from the shooting afterward.
On March 12, House noticed his father's car was stolen.
Prosecutors argue House chose to look for the thieves while armed as he did have a concealed pistol license.
After tracking down the six suspects inside the stolen car, they got all out of the car, and House allegedly chased after them on foot. The state claims he fired at them while they were running away.
A single bullet ended up striking Jamarion in the back and chest and he later died.
The prosecutor says House put his gun in his vehicle's glove compartment after the shooting and reported the gun stolen by the suspects.
He also took off the tan coat he was wearing during the shooting and wore a black T-shirt when talking to police at the scene.
The prosecutor says evidence will show this was not an act of lawful self-defense and a weapon was not found on Jamarion after the shooting.
"You'll hear the defendant say he never saw any of them with a gun but at one point he thought one of them wearing a red coat at the time may have had a gun. He didn't see it but based on the gesture he was making in his pocket, he thought it was a gun."
House's defense says their client fired his gun once in self-defense and was not a case of vigilante justice.
They claim House was nearly run over and killed by the suspects moments before the shooting and witnesses will testify they saw the teen suspects armed with guns.
"You're going to hear from Christian Bethay Jr. He was in one of the cars the driver of the Honda crashed into. You'll hear Mr. Bethay tell you that he saw all of the kids that jumped out of the car were armed with guns as they were running."
Jurors will have to decide whether or not House is guilty of 2nd Degree Murder or Voluntary Manslaughter.
In order to prove the murder charge, prosecutors have to prove House intended to kill or do great bodily harm.
For manslaughter, they would have to prove he acted our of passion and on impulse.
The trial will resume Tuesday at 8:30 AM.
The state is expected to play surveillance video from nearby businesses that captured the shooting.
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