Prosecutors say Ikeem Mitchell opened fire because Charles Carter Jr. gave him a 'hard look.' Defense says Mitchell feared for his life in 'war zone.'
Syracuse Police Chief Frank Fowler stands on South Townsend Street, where Charles Carter Jr. lost his life in a shooting. Ikeem Mitchell is on trial for Carter's March 26 death.Syracuse, NY - A Syracuse man accused of fatally shooting a stranger on a South Side street earlier this year went on trial today in Onondaga County Court.
Ikeem D. Mitchell, 19, of McKinley Avenue. is facing charges of second-degree murder and second-degree criminal possession of a weapon in the killing of Charles Carter Jr.
Carter, 22, of Parkway Drive, was walking in the 1100 block of South Townsend Street near East Taylor Street about 1 p.m. March 26 when Mitchell walked past him, turned and opened fire, authorities said.
Mitchell was arrested a short time later with a handgun and spent shells in his pocket. Officials said the shooting appeared to be a random act of violence as the two men did not know each other.
Before jury selection began today, defense lawyer Michael Spano asked Judge Anthony Aloi to agree to let the jury consider whether Mitchell acted in self defense.
Spano argued that Mitchell "feared for his life" when he found himself walking alone in the Pioneer Homes housing development area because of a violent rivalry between residents of that neighborhood and the East Side.
"He found himself in the middle of a war zone," the defense lawyer said, comparing Mitchell's situation to that of an American soldier serving in Iraq.
Aloi took issue with that characterization and questioned what evidence there was that Mitchell had any reason to believe deadly physical force against him was imminent to justify what he did in shooting the victim.
The judge noted the evidence indicates Carter did not have a weapon, made no threatening move to indicate he was armed and said nothing to Mitchell as the two men passed on the street.
But Spano argued that Mitchell acted based on his belief that Carter had given him a "hard look" moments after a car drove by and the driver gave him a "hard look." There also had been a shooting in the area the previous night, Mitchell's friend was killed in a shooting linked to the neighborhood rivalry a year earlier, Mitchell himself had been shot at previously and Syracuse police were patrolling the area anticipating gunfire, the defense lawyer contended.
When Aloi asked Senior Assistant District Attorney Robert Duncanson where Carter was shot, the prosecutor noted the victim had been shot in the back. The judge told Spano Mitchell wouldn't even be in court today if he had just kept walking after he passed Carter on the street.
Aloi rejected Spano's request to have the judge rule before trial whether the jury would be allowed to consider a self-defense theory. The judge, noting he would make that determination after hearing the evidence at trial, said Spano was free to raise the issue as a possibility in his questioning of would-be jurors.
Mitchell faces a maximum penalty of 25 years to life in state prison if convicted of the murder charge.