After an hour long delay, the jury in the David Bloebaum murder trial finally was able to sit down and receive jury instructions. Those instructions are all the rules of the law that they are to weigh against the evidence in order to render a verdict.
10/28/2014 Related Story: Jurors Head Home Before Deliberations Begin In Road Rage Killing At Super Target
David Bloebaum, 59, is accused of shooting and killing 29-year-old Jason Yousif in a parking lot at the Super Target near Memorial and Penn. on September 28, 2012, following a road rage incident between the two along the Kilpatrick Turnpike.
The judge told the jury they must base their verdict on facts from the evidence presented during the five days of the trial, and that they have to be convinced of his guilt beyond a reasonable doubt.
They were also told to weigh the credibility of the witnesses they heard from in this case and to weigh each charge, the murder and gun charge, independently. Additionally, they were told that they must determine if Bloebaum had deliberate intent to take the life of a human being or if he acted in the heat of passion.
The jury of nine women and three men are allowed to consider the lesser option of manslaughter in this case, which carries a maximum sentence of four years in prison. That is where the heat of passion argument will come into play.
One of the instructions for the jury to consider was that a person is justified in using deadly force if that person feels his or her life was in danger. They are not justified if they are engaged in an unlawful act.
Judge told the jury it is the burden of the state to prove that Bloebaum did not act in self defense. The defense has claimed all along that Bloebaum acted in self defense, but did not call Bloebaum or any other witnesses during the defense portion of the trial.
During closing arguments, the prosecution stated Yousif was trying to get away when he was chased down and shot during that road rage incident.
They state the case for murder is overwhelming, and even replayed the 911 call that was made by Bloebaum calling for an ambulance and police. On it, he appeared calm and collected, and refused to tell the operator that he indeed was the shooter.
At 3 p.m. the defense started presenting their closing arguments to the jury. The defense told the jury it was Yousif that instigated the confrontation in the parking lot, not Bloebaum. The defense said Yousif is the one who charged Bloebaum's truck and cursed at him. They then again reiterated that Bloebaum acted in self-defense.
News 9 Reporter Adrianna Iwasinski is following this story. Stay with News 9 and News9.com for updates.