AUBURN — After three days of testimony from 20 witnesses, a Cayuga County Court jury will hear closing arguments Friday morning before deliberating whether to convict an Auburn woman of murder.
The prosecution and the defense are set to make their final summations before jury deliberations begin in the trial of Shameek Copes, who faces second-degree murder and second-degree criminal possession of a weapon chargers in the March 15 shooting death of John Wesley Smith III, 37, of Syracuse in front of Swifty's Tavern on Perrine Street in Auburn.
Thursday's testimony started off where the previous trial day ended, with Rome Canzano, Copes' attorney, about to cross-examine witness Adrian Agee, of Auburn, who was arraigned in April on counts connected to Smith's death.Â
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Agee, who is Copes' uncle by marriage, was originally charged with criminal possession of a weapon, criminal possession of a firearm, hindering prosecution and tampering with physical evidence in connection with the investigation into the deadly shooting. He pleaded guilty to the weapon possession and the hindering prosecution charges and is facing time in prison.
Agee said on the stand Wednesday that while he, Copes and others were celebrating Copes' 28th birthday on March 15 at Swifty's, she asked him to get her a gun, which he did. He also said he later drove Copes from the scene and placed the weapon in a storm drain on Steel Street.
Canzano began the occasionally tense and emotional cross-examination Thursday by asking Agee if he was testifying at the trial due to an agreement with the Cayuga County District Attorney's office, and he said yes.
Canzano also pointed out that when members of the Auburn Police Department interviewed Agee on March 15, he told them he didn't give Copes a gun. This contradicted what Agee later told the DA's office and what he told the jury Wednesday, Canzano said.
When asked why his story changed, Agee said he was scared when he first spoke to police. At one point, Canzano asked Agee if he spoke with the DA's office about what he would say in court and asked if he was in court due to his plea deal. In talking about why he was testifying, Agee motioned to the family and friends of both Smith and Copes, who have been sitting on different sides of the courtroom gallery all week.
"I know both of these families, they're feuding, I'm tired of the feuding," Agee said. "This whole situation is terrible."
AUBURN — Another person charged with lesser crimes in connection with the deadly shooting outside an Auburn bar last year testified Wednesday …
Seemingly referencing Agee's original claims to police, Canzano asked, "Mr. Agee, isn't it true that you never gave (Copes) that gun?" Agee paused for a moment and said he had previously answered that question.
"I just want the truth," Canzano said. "I'm not sure I know what it is."
At one point during the cross-examination and re-direct questioning, Judge Thomas Leone, who has been presiding over the trial, called for a sidebar with all of the attorneys. As they quickly went through a nearby door, a series of exhales could be heard from some people in the gallery, as the audience had been almost completely silent throughout the exchanges between Agee, the attorneys and Leone up to that point.
The judge and both sides returned after a couple minutes, District Attorney Brittany Grome Antonacci asked Agee if the APD ever coerced or threatened him, and he said no.
In the afternoon, the prosecution called a series of expert witnesses to the stand. A former Onondaga County Medical Examiner who performed the autopsy on Smith confirmed that the gunshot wounds caused his death. A DNA analyst said that a profile matching an unidentified female was found on the trigger of the gun used in the shooting, which means that it could neither confirm nor rule out that it belonged to Copes. And a firearms ballistics examiners testified about the gun that Copes is alleged to have used matching the bullets found to have hit Smith.
After the prosecution rested its case, the defense called no witnesses and the jury exited the courtroom. Canzano then made a motion to have both charges dismissed, which Leone denied.
Closing arguments are scheduled to begin Friday morning, the trial's fifth day following jury selection Monday and Tuesday morning and witness testimony Tuesday through Thursday.Â
The jury of 12 men and women will then be instructed by Leone, prior to deliberating Copes' guilt or innocence.
Shameek Copes leaves the courthouse at the conclusion of the fourth day of her murder trial in Auburn Jan. 12. Copes, 28, faces charges of second-degree murder and second-degree criminal possession of a weapon in the shooting death of John Wesley Smith III, 37, in the early morning hours of March 15.
AUBURN — John Wesley Smith III was a protector.
Staff writer Kelly Rocheleau can be reached at (315) 282-2243 or kelly.rocheleau@lee.net. Follow him on Twitter @KellyRocheleau.