MAYVILLE – Closing arguments are underway in the murder trial of a Jamestown man accused of murder.
On Tuesday, Judge David Foley ruled that the jury in the David F. Waggoner murder trial will be allowed to determine, through deliberation, whether or not the July shooting of William Michishima was justified.
Foley ruled that the jury will decided whether or not Waggoner should be convicted for either second-degree murder or the lesser charged of second-degree manslaughter.
Waggoner can be also be acquitted from both charges, but, he can’t be convicted on both counts.
Once closing arguments from both the district attorney and public defender are complete, the jury is likely to head to deliberations in the case after receiving Foley’s instructions.
Waggoner is accused of shooting Michishima outside of 114 Livingston Ave. in Jamestown last July.