Defense attorneys Lee Davis and Bryan Hoss told a Criminal Court jury on Tuesday that Kevin Levon Chitty acted in self-defense when he fired shots at 35-year-old Jerry Martin that left him a quadriplegic in a Thanksgiving 2011 incident.
But prosecutor Cameron Williams said Martin was unarmed in the clash following a traffic wreck at Jersey Pike and Bonny Oaks Drive.
The defense said Martin got out of his Oldsmobile after running into the back of the Ford F150 occupied by Chitty and his children.
Witnesses said the victim was shot in the back and had two injuries in the neck below the left ear. The crime scene crew collected his bloody clothes, including a hoodie that had several bullet holes.
Two Springfield 40 caliber shell casings along with a holster were found strewn along Jersey Pike. Chitty had a 40 caliber handgun in his vehicle and it was turned over to police.
Chitty told police after the incident just after midnight that he believed Martin had a gun.
Attorney Davis pointed out that Martin has had a number of arrests and was driving on a revoked license at the time of the crash. On the other hand, Chitty has an otherwise clean record and has been married to the same woman for over 20 years, it was pointed out.
He is charged with attempted second-degree murder and aggravated assault.
Martin is set to testify from his wheelchair.
Judge Don Poole is presiding at the trial.