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, 29, 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.
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.
Defense attorneys said that it was the 55-year-old man 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.
"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.
While Kewin and his father both survived the shooting, Kewin testified that he us continuing to deal with nerve damage in his shoulder as a result of his injuries, and has not regained full use of his left arm. He said he has more surgeries coming up to help with that.
A judge will decide if there is enough evidence to send the case to trial.
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