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<p>Owens</p>

Owens

WILKES-BARRE — Attorneys for homicide suspect Kyon McDonald rested their defense after calling three witnesses including their client Monday, setting up closing arguments later this week before a Luzerne County jury.

In a surprise move after the jury returned from lunch, McDonald’s lead defense lawyer Theron J. Solomon advised Judge David W. Lupas that they rest, without calling Charles P. Stephenson, a trial consultant and crime scene reconstructionist.

Jurors won’t hear Stephenson’s opinion that he believed McDonald felt he was in “imminent fear of his life and acting in self-defense” when he fatally shot Tierese Owens, 33, outside Robbie Nick’s Sports Bar in Plymouth on Sept. 27, 2018.

Owens was shot seven times with the last three shots with McDonald standing over him outside the bar.

The jury heard from McDonald on Monday.

McDonald, 37, said he feared for his life as Owens repeatedly yelled threats he was going to kill him during a dispute outside the bar.

As throughout the trial, video recordings inside and outside the bar were played for the jury as McDonald testified.

Solomon, along with attorneys Barry H. Dyller and Tara G. Giarratano are defending McDonald, played selected videos showing Owens inside the bar greeting McDonald with a high-five and a hug and later harassing McDonald’s wife, Kimberly McDonald.

After the bar closed, McDonald said he stayed inside and became aware his friend, Tazelle Curtis, known as Mericle, was outside being assaulted by Luis Cruz about being owed $100. Owens was outside with Cruz.

Curtis knocked on the locked front glass door asking for McDonald’s help.

McDonald, in turn, retrieved a Taurus 9mm handgun from the bar’s bouncer, Kevin Johnson, and exited a rear door to confront Cruz out front on East Main Street.

“I said, ‘what’s your problem, I’ll give you the money,’” McDonald said.

McDonald said Cruz replied, “It’s not about the money anymore.”

As McDonald was speaking with Cruz, footage shows Owens getting in McDonald’s face.

“He (Owens) asked me, “do you know me, I’m a big homie,’” McDonald said.

Earlier in the bar, McDonald said Owens attempted to recruit his friend, a white man, for the Crips street gang.

McDonald said Owens began threatening him and “calling his boys” down to slap him, referring to killing him.

“He’s holding onto his waist, ready to jump at me. I remember I had a gun and pulled it out. I told him ‘you’re not going to touch me.’ He (Owens) was all fueled up,” McDonald said.

The bar’s owner, Robert Nicoletti, shoved and pushed Owens away from the scene.

Footage shows Owens was away for more than two minutes before he breaks free from Nicoletti and charges at McDonald.

McDonald said he believed Owens left the scene and didn’t expect him to return.

“He (Owens) was moving at me. I heard ‘mother (expletive) I’m going to kill you,’” McDonald said noting he saw Owens reaching at his waistband.

McDonald said he fired a round that struck Owens, knocking him to the ground.

Owens rolled to his side and McDonald said Owens continued to reach for something when he fired a second shot, then five more shots in rapid succession.

“I felt I was in danger. He threatened my life. I never had my life threatened before,” McDonald said before he broke down in tears.

Assistant District Attorney Drew McLaughlin who, along with assistant district attorney Susan Luckenbill are prosecuting, asked McDonald a series of questions about fleeing the scene, failing to return home to check on his children and discarding a gun.

McDonald said he continued to fear for his life believing Owens was a Crip and the Crips would retaliate.

Yet, McLaughlin had McDonald admit he never checked on his children and discarded the gun despite fearing retaliation from the street gang.

“You were the only one to pull a gun that night?” McLaughlin asked.

“Yes,” McDonald said softly.

McDonald said he didn’t realized he paused between the first and second shots.

State police Cpl. Kevin Selverian, a specialist in the use of force, testified Friday the time between the first and second shot was 2.8 seconds. Selverian said the time lapse may not be long but in the field on the use of force, “It is rather a long time.”

Selverian further said Owens was pulling up his pants with both hands as he ran back toward the bar.

Stephenson was asked to review evidence and video footage and offered a 12-page opinion on McDonald’s behalf. He was expected to testify to counter the testimony by Selverian but unexpectedly was not called by McDonald’s attorneys.

Two other witnesses who testified on McDonald’s behalf was a character witness, Jody Stash, who described McDonald as a great person, and John Swift.

Swift was the last witness to testify for McDonald as he was present at the shooting. Swift said he knew Owens and overheard Owens’ threats toward McDonald.

Tuesday is an off-day due to the General Election.

Closing arguments are scheduled for Wednesday.