01/07/09

One of three men charged in a shooting incident in Jerome on June 22nd was in court Wednesday for his trial. 16 year old David James Markus of Jerome allegedly shot Diego Aguilar injuring him in the face.

Police say the incident happened at the corner of Fifth Avenue East and Buchanan Street North.

Markus faces two counts of aggravated battery, one count of aggravated assault as well as one count of aiding and abetting to aggravated battery.

Wednesday, prosecuting attorneys gave their opening arguments. However, the defense decided to reserve their opening statement. Prosecutors say the incident began with a confrontation and then later a weapon became involved.

"The defendant went to his vehicle and later returned with a handgun."

Prosecutors say the confrontation continued until the Markus allegedly fired a shot into the air.

Two victims tried to get away after a struggle and then prosecutors say one of them was shot in the face.

Prosecuting Attorney Paul Krieger recounted to the court what happened that night, "He stumbled a bit and at that process he turned back and saw the defendant was pointing the gun at him and fired it. Diego got hit in the face and you will see the bullet went through his cheek and about 3 inches later exited."

The trial will continue tomorrow morning and is expected to last until Friday.