The Schenectady County Court jury deliberating the fate of the man accused of gunning down 15-year-old Eddie Stanley appeared this morning to be focusing on that most important part of the case, according to their first read-back requested this morning.
After two days of deliberations, the jury asked the court for testimony from witness Niam Dorvil to be read back. Dorvil is one of five witnesses who said they saw James Wells open fire in the stairway at 730 Bridge St. early on the morning of June 12, 2011.
The jury asked that only the direct testimony of Dorvil be read back, the testimony Dorvil gave under questioning from Prosecutor Philip Mueller. The section of testimony stretched from the time Wells and his friends began demanding a set of missing rental car keys to after the shooting itself.
The passage also included Dorvil's dramatic description of the shooting. Dorvil described being searched for the keys, then trying to leave, but a fight broke out near the top off the stairs.
Dorvil ended up on a stair near the bottom, Stanley on the stair just behind him.
Wells, at the bottom of the stairs and identified by Dorvil by his street name "HO," closed the door to the outside.
"What happened when he [HO] closed the door?" Mueller asked, according to the read back.
"He started shooting," Dorvil responded.
"He put his back to the door, got out two guns and he started shooting," Dorvil added.
Dorvil responded by dropping to the floor, "hoping that if he thought he hit me, he didn't try to finish me off."
The shooting over, Dorvil said he saw the door open a crack and he fled, running five or six feet, then he passed out. He said he passed out from his ears ringing.
The jury resumed deliberations this morning after about 16 hours of deliberations over three days. This morning's read-back request was their first. They did not send out any notes through Thursday.
Wells, 33, of Brooklyn, faces a top count of second-degree murder for allegedly killing the unarmed teenager after a party at 730 Bridge St. He also faces other counts, including weapons possession, evidence tampering and child endangerment.
Prosecutors contend Wells fired four shots from a .44 caliber revolver early June 12, 2011, killing the high school basketball player. Wells maintains it was not him.
The case has been prosecuted by Mueller. Wells is being defended by attorney Cheryl Coleman.
After the requested section was read back, the jury returned to resume deliberations.