Monday, May 20 2013 10:58 AM EDT2013-05-20 14:58:13 GMT
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LEBANON, OH (FOX19) -
The jury began deliberating Monday afternoon in the Marcus Isreal trial, but not before they watched dash cam video from Sgt. Brian Dulle's cruiser and heard testimony from Isreal himself.
Isreal is charged with murder for killing Sgt. Dulle as Dulle was laying down stop sticks during a chase on May 10.
The dash cam video shows Dulle as he's trying to lay stop sticks. You can hear squealing tires as the car Isreal is driving approaches, and then a loud crash.
As the video was played, family members of both Sgt. Dulle and Marcus Isreal sobbed.
After playing the video, the state rested its case.
Defense attorney Clyde Bennett then asked Judge James Flannery to acquit Isreal of the murder charge, as well as two felonious assault charges. Judge Flannery denied the request, saying the jury could find that Isreal knowingly used the car as a weapon.
Bennett then said that he was going to call on Isreal to testify. Judge Flannery noted that Isreal was not wearing shoes Monday because he tried to take a metal scrap from his jail-given shoes. Flannery said Isreal would be seated in the witness stand before jurors came in so they would not notice he was not wearing shoes.
When questioned by Bennett, Isreal said he did not mean to hurt anyone that night and he didn't know that Dulle would be laying down stop sticks at the intersection of 42 and Utica Road. He also said he wasn't trying to hit any other officers of civilian vehicles.
Isreal said he was headed to Dayton that night when an officer tried to make a traffic stop in Franklin. Isreal said he didn't stop because he knew he was driving a stolen car, and he had a gun in his possession. He said his main goal was to just get away.
During cross examination, prosecutor Andrew Sievers used what Isreal told police during an interview after he was placed in custody and compared it to what he testified in court.
In the police interview, Isreal said he saw an officer (Dulle) outside of his cruiser.
Isreal originally tried to blame someone name JJ for the crime, saying JJ was the one who was driving. He later admitted he made JJ up, and testified that he was trying to put the blame on someone else so he would not get in trouble.
He repeatedly testified that it was not his intent to hurt anyone, but Sievers tried to make the point that anyone driving over 100 miles per hour could hurt someone.
During closing arguments, prosecutor John Arnold explained "knowingly" to the jurors, saying that Isreal may not have intended to kill Dulle, but he knew he was driving in a manner that could have caused harm, using the car as a weapon.
During his closing argument, Bennett said Isreal was only trying to escape, and did not know that Dulle would be laying stop sticks at the intersection. He asked the jury to acquit Isreal of the murder charge, saying they must set aside the emotions of this case.
Prosecutor David Fornshell then ended the prosecution's closing arguments by playing the entire dash cam video of the chase, again showing Dulle's dash cam. He told the jury it's hard to convict someone of murder, but in this case, it was their job.