Berry Shooting Defendant Claims Intent To Frighten Not Cause Harm

A man named Michael Smith admitted to shooting Rikki Berry, who died at age 36. The shooting occurred in Kirkby last July. However, Smith denies committing murder. The defense argues Smith may have only intended to scare Berry.

Three men are on trial for Berry’s murder. Smith has admitted to being the one who shot Berry. Adam Williams and Connor Walsh face accusations. They are said to have checked out Berry’s house beforehand and allegedly traveled with Smith in an SUV during the shooting.

Smith’s lawyer addressed the jury, acknowledging Smith’s silence. The lawyer urged the jury to carefully consider Smith’s intent. Did Smith intend to kill Berry, or something else?

The lawyer highlighted specific details: Smith fired four shots, three of which struck Berry. One shot missed its target, while another proved fatal. One bullet only grazed Berry.

A firearms expert testified, initially believing Smith tracked Berry while shooting. However, the expert later revised his opinion, suggesting Smith’s movement could account for the shot.

The lawyer argued that Smith didn’t deliberately track Berry. The shooter was riding a bike while firing a pistol with one hand. He fired rapidly, in less than two seconds.

The firearms expert believed Smith shot instinctively. The lawyer proposed Smith fired in Berry’s direction, rather than aiming specifically at him. The intention behind the shot is crucial to the case, and the lawyer highlighted that homes get shot at fairly often.

The lawyer addressed the “reconnaissance” charge, stating the prior visit concerned illegal drug dealing. He also noted the poor view of Berry’s house from where they watched.

The lawyer implored the jury to consider that perhaps they only checked out the house’s location. He argued they did not specifically target Berry.

Smith has admitted guilt to manslaughter and firearm possession, accepting responsibility for Berry’s death. His lawyer argued that this admission significantly alters the nature of the trial.

The jury must now determine Smith’s intent: did he intend to cause serious harm? Or, as his lawyer argued, did he merely fire in Berry’s direction? Did he deliberately track Berry?

Another man, Walsh, testified that Smith told him he did not mean to shoot Berry. The jury may reasonably view Walsh’s testimony with doubt.

But, Walsh first identified Smith as the shooter. Smith admitted to manslaughter because of Walsh’s testimony. Smith’s actions were awful, the lawyer conceded, but argued they don’t necessarily prove murder.

All three men deny murder and firearm possession. Williams and Walsh also deny manslaughter. The trial continues under the judge’s supervision.