At trial, both victim and accused say the other provoked the shooting

TUSCUMBIA - David R. Page told jurors Monday he feared he was going to bleed to death after being shot by his neighbor outside a residence on Allsboro Road on April 1, 2007.

"I thought I was dying," Page testified during the opening day of Ricky Lynn Lambert's attempted murder trial in Colbert County Circuit Court.

Lambert is accused of shooting Page three times.

Page, 60, testified that one of the bullets severed an artery in his leg. "It was bleeding like water coming out of a garden hose," he told jurors.

Lambert is accused of shooting Page after the two men began arguing outside Lambert's residence.

During questioning by Colbert District Attorney Bryce Graham Jr., Page testified he was only trying to be a good neighbor when he went to Lambert's home to tell him that his dog was running loose and he feared it was going to be run over.

"On the Wednesday before he shot me on Sunday, he told me he was getting attached to the dog and if something happened to it he did not know what he would do," Page told the jury of eight men and five women, including one alternate.

Lambert responded to being told about his dog running loose by slapping Page, according to the victim's testimony.

Page told jurors that he responded to the slap by punching Lambert, who then pulled a pistol from the waist band of his pants and shot him.

Colbert Circuit Court Judge Jackie Hatcher is presiding in the trial.

In his opening statement, defense attorney Jason Shelton, of Tupelo, Miss., told jurors that Lambert, 52, admits shooting Page. Shelton told jurors he expects the evidence will show that Page threatened and hit Lambert before the shooting. He said Lambert fired a shot only to defend himself.

"I will submit to you, Mr. Randy Lambert had a reasonable fear of imminent danger. He was justified in using deadly force," Shelton told the jury.

Kyle Brown, chief assistant Colbert district attorney, said in his opening statement that the evidence will show Page did nothing to provoke the attack.

"The evidence will show this is not a use of self-defense," Brown said. "David Page never used or threatened to use deadly force. What physical force he did use was after he had been punched."

During questioning by Graham, Page testified he had no intention of getting into a fight when he went to Lambert's home.

"I had no idea anything like this was going to happen," Page said.

Prosecutors played a video tape for jurors that was recorded by a security camera mounted on Lambert's home.

During the 30-minute video, Lambert could be seen at times standing over Page who was lying in a puddle of blood. He started accusing Page of starting the altercation.

"Don't come down here jumping on me again," Lambert said repeatedly to Page.

When a Colbert Sheriff's deputy arrives at the scene, Page could be heard on the videotape saying, "I just come to tell him his dog was in my yard."

Brown said in his opening statement that a portion of the videotape, including the part that showed the actual shooting, had been recorded over.

In his opening statement, Shelton countered Brown's claims that a portion of the videotape had been erased by saying, "No credible evidence will be presented to you that the tape was altered in any way."

The trial continues today.

Dennis Sherer can be reached at 740-5746 or dennis.sherer@TimesDaily.com.