The second trial for an accused killer in Lee County is now underway.
It is “take two” for a second-degree murder trial in Lee County with two very different storylines.
“This wasn’t an accident, this wasn’t self-defense,” said Sara Miller, State Attorney’s Office. “This was second-degree murder.”
“This was a targeted home invasion robbery,” said Peter Aiken, attorney for Ryan Doyon.
MORE: 1 killed in Cape Coral shooting; suspect arrested
Aiken’s job is to fight for Doyon. The state said he shot and killed Roy Pike III near Doyon’s Cape Coral home in May 2017. The judge declared a mistrial the first time around because the jury could not decide on a verdict.
Now, a new jury will consider the evidence.
“This is not some simple case where some poor guy is walking on the street,” Aiken said, “knocks on a door and for no reason at all just gets shot up.”
During the opening statements Tuesday, Doyon’s attorneys called the killing self-defense. The defense argued Pike came to Doyon’s home that day to rob him and he had a gun.
“He didn’t shoot him until the third time Roy Pike pointed a gun at him,” Aiken said. “The third time Roy Pike pointed a gun at him, he got shot and died gun in hand.”
But the state attorney’s office claims Doyon chased Pike down the street, firing more than a dozen times at him.
“As he’s running behind him, he’s shooting at him,” Miller said. “Not once, not twice, but he fires 13 rounds.”
Testimony continued Wednesday morning with opening statements and testimony from a neighbor who claims to have seen Pike running down the street that night, and stated they did not see Doyon chasing after him.
An unnamed Cape Coral police officer said he found Pike laying face down with a cell phone in his hand and a pistol nearby. Doyon was covered in blood and told the officer he was not hurt and the blood was Pike’s.
A Lee County EMS who responded that day said they found a small gun under Pike’s body after rolling him over to assess his injuries.
The medical examiner stated that Pike was shot twice, with the lethal blow going into his lungs.
The defense is claiming Pike had his armed raised in a position to fire a gun and was not shot in the back. However Pike’s mom testified that her son was right handed and that he was shot on the left side, and that he probably wouldn’t have been shooting with his non-dominant hand.
Beginning at 8:30 a.m. the defense will be calling their witnesses to the stand to testify. The defense is expected to be completed early in the day and then this case will go to the jury.
The trial continues and trust WINK News to have the latest.