The lone defense witness in the Stephen Mobley murder case told a Criminal Court jury he saw a dark-skinned black male jog at a "sluggish" pace away from the Brainerd Conoco.
Defense attorney John Wysong said the description was closer to the description of the original person charged, Stephen Hill, than to Mobley, who is lighter skinned.
The case went to the jury after the charge by Judge Barry Steelman. The panel deliberated for about six hours, then stopped for the night. The jury will resume deliberations on Monday morning.
Dale Mason said he had stopped in the Conoco for beer and cigarettes after going to a sports bar early on the morning of June 1, 2012.
He said he heard shots outside, and he and the clerk "both panicked."
The witness said after 30 seconds to a minute he saw someone running from the scene.
He said the passenger in the vehicle that was shot up then came inside. He said, "She was hysterical. She had a bullet wound in the side area. She fell to the floor."
The woman, he said, was concerned about her male companion, Gregory Watkins, who was shot nine times and was dead inside the vehicle.
Attorney Wysong said the girl with Watkins, Lashonda Watkins, from the start identified Hill as the shooter. The state dropped charges against Hill, then arrested Mobley.
The state relied on Constance Taylor, who said she helped arrange a drug deal between Watkins and Mobley - her relative - earlier. She said Mobley was unhappy with the deal and requested to meet with Watkins again. She said she did not know that he was going to shoot and kill him.
Attorney Wysong said Ms. Taylor had lied repeatedly throughout the case, giving several different stories.
Prosecutor Lance Pope said she could be believed. He said store video showed that the white vehicle occupied by the gunman was Mobley's car.
He said the cellphone found in the victim's lap showed very recent calls from Ms. Taylor - with her name in all caps on the phone log.
Mobley earlier served six years in prison on a prior fatal shooting case, but the jury was not told that fact.