LAWTON,Okla_Testimony started Monday in the manslaughter trial of Lawton resident, Philip Tucker. He's accused in the shooting death of John Carder a little more than a year ago. Tucker claims self-defense.
Prosecutors say the two had a history of animosity. On this particular day, the two men exchanged shots as Carder walked down a residential street while pushing a lawn mower near southwest 45th and "K". Tucker fired thirteen shots and hit Carder three times in the back. A jury was seated Monday morning and the jury has already heard from a handful of witnesses.
In opening arguments, the state said Tucker shot and killed Carder not out of self-defense but instead in a moment of rage after he learned his girlfriend had been communicating with Carder.
The defense isn't denying Tucker shot and killed Carder, they're saying he did it because he feared for his life after the victim made several threats to kill Tucker himself.
But according to three of the state's witnesses, tucker was the only one pursuing anyone that day. Tucker may have pleaded not guilty, but Monday the state said evidence and testimony proved otherwise.
They said the day of the shooting several witnesses, including Lawton Public Schools Assistant Superintendent Barbara Ellis watched in horror as Tucker took aim at his victim and unloaded his gun.
That day Tucker told police he fired 10 shots at his victim before going back into his home for more ammo and then fired again, three of those 13 shots hit the in victim the back.
Carder was also armed with a gun and at some point fired two shots. According to witnesses, he was shot while he was pushing a lawnmower away from Tucker's home and looked as if he had no idea of what was about to take place.
Just moments before shots were exchanged investigators said the two argued and talked about their guns and what they planned to do with them. The state said Tucker made good on his plans that day.
One witness said Carder never ran, turned around or attempted to hide before she watched him slump over. The defense said Carder was known to have a drug problem and police had even found drugs on him the day he was killed.
They said Tucker fired multiple shots after he felt his life and his children's were threatened. Several witnesses also told detectives that when they ran to help the victim, Tucker called them idiots.
Another witness said she couldn't believe her eyes as the shooting unfolded and thought the two men were playing with some sort of toy or paint ball guns.
The case is expected to be handed to the jury Wednesday.