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Nigel Lee committed a "vicious, unprovoked, unwarranted attack," said Assistant District Attorney Matthew Welickovitch in opening his case against Lee, 39, of Mill Hall, who is accused of shooting Adam Butler, 43, on Feb. 4, 2022 at the residence of his friend, Mark Baskin, 64, at 94 Vilas Drive in Porter Township.
Lee faces charges of attempted homicide, aggravated assault, illegal possession of firearm and possession of an instrument of crime.
During opening statements, Welickovitch argued that Lee, who was not licensed to carry a firearm, showed consciousness of guilt when he fled the scene, discarding several pieces of clothing and two cell phones, as well as his 9 mm handgun after he fired 10 rounds at Butler, who was struck four times.
Butler initially was shot through his left hand, as well as in his chest and shoulder. Once on the ground, Lee then shot Butler in the thigh, hitting his femoral artery, Welickovitch told the jury.
Lee did what he had to do in order to protect himself, defense attorney Jeana Longo countered, beseeching the jury to use their common sense.
While Longo admitted that many of the facts of the case were not in dispute, she asked the jury to keep an open mind during the prosecution's case, and to pay close attention to "who you are not hearing from and what you are not seeing."
On the witness stand, Baskin admitted to heavy drug use, including methamphetamine and cocaine, during a party at his home the night before the shooting.
Baskin stated that Lee was in attendance by way of Lindsey Straub, a friend that had been living with Baskin and his longtime girlfriend. Baskin further stated that he had met Lee on only one other occasion.
Butler, a person that Baskin described during testimony as his "best friend," visited for roughly an hour that night, following a disagreement with his wife, and had left his work company van at Baskin's house when he departed.
Due to icy conditions, Lee and Straub were unable to leave the residence, Baskin said.
The following morning, Baskin left his house with Butler, who had returned for his van, and another friend and visited several businesses.
Baskin testified that while out, he received a call from his girlfriend, advising him that Lee's keys were locked in his car, asking him to come back and help retrieve them.
Upon arrival, Baskin and Butler attempted to jar the window open in order to fish a coat hanger through.
At one point, Baskin produced a chisel, which Butler immediately rejected for fear of damaging the vehicle, he said.
Baskin stated that there was apparent tension between Lee and Straub.
Baskin further stated that while on a phone call, Lee appeared angry, and related words to the effect of "I'm stuck in Jersey Shore with a bunch of rednecks," to which Butler replied, "we're not rednecks, we're up on a hill, we're hillbillies."
It was immediately following that exchange that the gunfire began, Baskin testified.
During cross examination by Longo, Baskin admitted that he had initially lied to police about the drug use at his home due to being on probation, further stating that he had attempted to hide evidence of its usage.
Longo referred to a police report in which Baskin had said Lee and Butler may have had words prior to the shooting.
According to documentation presented by Longo, Baskin also told police that Straub had told him that Lee felt uncomfortable around Butler the previous night, asking Baskin to tell Butler to leave, a request Baskin refused.
Baskin initially stated neither he or Butler had ever used a racial slur, but later admitted that they each may have used it on occasion, "but never in a racist manner, or directed at any person," with Baskin stating that he considers the word applicable to all races. Baskin further denied that the word had been used at his home the night or morning prior to the shooting.
Upon taking the stand, Butler's account mirrored that of Baskin.
Butler related that no threats of violence were ever made, though he did admit to showing off a chainsaw from his truck during the party the night before.
When asked by Welickovitch if he felt lucky to be alive, Butler stated that that was what other people say, but he is not so sure it's lucky, stating that the shooting spun his "life a complete 180."
Butler cited the shooting as being responsible for his inability to work and recent legal troubles, stating "you see what it's like to live in your car for six months, and wake up each morning with no hands to work with."
Defense attorney Longo again pointed out inconsistencies between Butler's testimony and prior statements he gave to police, as well getting Butler to admit he may have smoked either crack or crystal meth while visiting Baskin's home.
Both Baskin and Butler's testimony were at times confrontational, with presiding Judge Ryan Tira admonishing Butler to only respond to the questions being asked of him.
Following the shooting, Lee fled through nearby woods, but was quickly found and apprehended, in part due to his path through the fresh snow being easily identifiable.
Lee was charged with attempted homicide, aggravated assault, illegal possession of firearm and possession of an instrument of crime.
During the course of the investigation, Baskin was charged with illegal possession of a firearm and possession of drug paraphernalia, after a search warrant related to Lee's case was served against Baskin's residence.