GARDEN CITY (WWJ) -- Testimony began Monday in a Garden City courtroom in connection with a double shooting outside a bar, early in the morning on New Year's Day.
Brian Lindsay, 30, is facing assault with intent to murder and other charges after investigators said he shot a 55-year-old Livonia man and his 22-year-old son, during a fight in the parking lot of Rockstarz Bar.
Lindsay's lawyer, however, contends that this is a case of self defense.
Police were called to the bar, on Ford Road, at around 4:15 a.m. Jan. 1, where the two men were found with gunshot wounds in the parking lot. They were taken to a hospital for treatment of critical injuries.
Lindsay fled the scene, but turned himself in to police later that day.
During the preliminary exam that began Monday morning, WWJ's Jon Hewett reports that surveillance video was shown and several witnesses were called.
As for what led to the shooting: According to Lindsay's defense attorney, the father and son allegedly assaulted Lindsay in a dispute over a parking spot.
The attorney claims it was 55-year-old Dennis Kewin who started the fight, by dragging Lindsay out of his Jeep.
During the preliminary exam on Monday, Lindsay's lawyer questioned the 22-year-old victim, Brendan Kewin, who said he doesn't remember what happened, outside of getting shot.
Video of the incident can be seen here, at around 2:55.
"You don't remember being asked to step aside so the car could pull in, do you?" the lawyer asked, to which Kewin replied: "No."
"You don't remember someone actually having to push your father to move him out of the parking spot?" the lawyer asked, to which Kewin replied: "No."
"You don't remember your father coming around to the door of the Jeep and pulling the door open, do you?" the lawyer asked, to which Kewin replied: "No."
"You don't remember your father grabbing the person in the Jeep, do you?" the lawyer asked, to which Kewin replied: "No."
"You don't remember, after your father was pulled off because he was shot, jumping on that person and beating them, do you?" the lawyer asked, to which Kewin replied: "No."
"And you don't remember that person having to shoot you, to get you off of him, do you?" the lawyer asked, to which Kewin replied: "I remember getting shot."
Under Michigan law, in order to shoot someone, a CPL holder must "honestly and reasonably" believe that the use of deadly force is necessary to prevent imminent death or great bodily harm to yourself or to another person.
Kewin testified about his injuries, saying he continues to deal with nerve damage in his shoulder, and has not regained full use of his left arm. He said he has more surgeries coming up to help with that.
Urging that the defendant should be bound over on the charges, Wayne County Asst. Prosecutor Mohammad Mohammad noted that Lindsay pointed the gun and discharged it three times.
"There was three casings that were recovered, so the number of shots has to be considered as well," Mohammad said. "So, where were these shots? He shot Mr. Dennis Kewin in the head. The bullet went through his brain."
Dennis Kewin remains hospitalized in an induced coma.
"Leading Judge Richard Hammer today to note that this case could eventually turn into a murder trial," Hewett reported.
Judge Hammer must decide whether there is enough evidence to send the case to trial. He is expected to announce his decision on Feb. 9.
Lindsay remains held in the Wayne County Jail on a $1 million bond.
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