Florence, Ala. | Saturday, May 25, 2013
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Defense says Martin shot Scott in ‘self-defense’
By Russ Corey
The TimesDaily

TimesDaily/Allison Carter
Brian Martin, right, leaves the Colbert County Courthouse on Tuesday. Martin is accused of shooting Donice "Boo Boo" Scott.

TUSCUMBIA — Defense attorney Billy Underwood spent roughly 45 minutes today attempting to convince jurors in the Brian Lansing Martin murder case that his client acted in self-defense when he shot Donice “Boo Boo” Scott on May 11, 2011.

Scott was shot once in the chest with a .40-caliber Glock pistol during a struggle with Martin outside Scott’s home at 1011 E. Second St. Scott was pronounced dead shortly afterward at Helen Keller Hospital.

“He is not guilty of murder,” Underwood told the jury. “He is not guilty of manslaughter. This was self-defense.”

Near the end of his arguments, Underwood said the shooting was unintentional.

Assistant District Attorney Angela Hulsey and District Attorney Bryce Graham Jr. both argued that the shooting was intentional.

During her closing, Hulsey said Martin demonstrated intent by going to Scott’s residence three times the day of the shooting to collect an $1,120 debt Martin claimed Scott owed him. The third time he came with a loaded pistol.

She said it was an intentional act when Martin pulled the pistol on Scott, racked the pistol and pulled the trigger.

“You don’t unintentionally rack a Glock 40,” Hulsey said. “That’s an intentional act. The defendant’s intention is clear.”

Graham argued that parts of the defendant’s story were concocted, including audio recordings Martin made with a cell phone.

“Don’t let him get away with murder,” Graham said. “They’re trying to pull one on ya.”

Circuit Judge Hal Hughston sent the jury to lunch at 11:30 a.m. and ordered them to return around 1:30 p.m. to be instructed on the law.

Russ Corey can be reached at 256-740-5738 or russ.corey@TimesDaily.com.

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