Transcript for Jury Set to Deliberate in Tennessee Neighbor Shooting Case
We begin with a neighbor-to-neighbor feud that turned deadly. On trial for killing his neighbor he claims self-defense. His fate in the hands of the jury and Reena ninan has the story. Reporter: A frightened father protecting his children or a menacing neighbor ending a longtime feud with four gunshots. Kevin waggoner says he took video to prove his innocence. None of the video was running that night to prove his innocence. You know why, ladies and gentlemen, because he's not innocent. Reporter: This morning a jury is deciding whether former school security guard Kevin waggoner is guilty of second degree murder for93 soualmost randy: You're heading out, you tch wae lathsttews necast right now or anytime on the WCVB mobile do. I didn't have a choice. Reporter: But Woodby's widow tells a different storying saying waggonner was the real threat. You don't talk to my children. You don't videotape them every time you get off the school bus. Come over here with my kids? Videotaping children. Reporter: And prosecutors playing audio of him allegedly threatening Woodby recorded just months before the incident. This is 100% within his control. Now, not to die from me. Reporter: Waggonor faces up to 25 years in prison if convicted. For "Good morning America," Reena ninan, ABC news, New York. Okay, let's talk to Dan Abrams about this right now. You know, Dan, usually the defendant's testimony is so critical but in this case he has a big problem. His testimony is certainly important meaning if the jury doesn't believe him he's in big trouble but even if they do, even if he seems credible, the defense has to address the physical evidence in this case. They've got real issues about where the shell casings were found, where the stick that he said was used to attack him was found. Because prosecutors say it was found on the other side of the street and that the way they believe that the bullets were fired was from above, not someone who was defending themselves but someone who was shooting someone and prosecutors believe he may have even been turned away when they fired. So all this is really important in the context of the testimony. Waggonor's behavior afterwards reported to be callous. How does that factor in. I think it's horrible when the jury is thinking about do we believe him? Because you have evidence here, he add economies it et cetera sitting on a police scanner waiting to confirm that he hears doa meaning dead on arrival. Is that what someone who has acted in self-defense does? The widow talks about how he mocked her right after her husband had been killed. He was even mocking their children. That's not the sort of thing that's helpful with the jury when you're asking the jury to accept my story, believe my account, even though there's troubling physical evidence. Tennessee, one of these stand your ground states. A right to defend themselves in their home. Even outside their home without retreat, right. But I don't know that it's going to be the key issue. This is a self-defense case. Here the question is, was it reasonable for him to use the actions that he did because he believed that he was in imminent danger of either death or serious bodily injury and that's the legal standard. Okay. Dan Abrams, thanks very much.
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