2 p.m. update: At 1 p.m., James Michael Tesi's fate was handed over to seven women and five men.
Tesi has been on trial for aggravated assault on a public servant with a deadly weapon. The charge came after a July 21 shootout between Tesi and Colleyville Police Officer John Fossett.
Tesi was shot in the leg and face while Fossett was uninjured.
Joint prosecutors Jim Hudson and Dawn Ferguson presented the state's final argument. Tesi's attorney, Ronald Hardin, spoke for the defense.
In his remarks to the jury, Hardin said Fossett gave three different versions of the shootout. "None of them match," Hardin said. "How many times does it take to tell the truth to know the truth?"
Hardin urged the jurors to concentrate on the physical evidence. The location of the shell casings from Fossett's weapon do not put him inside the garage, Hardin said.
"Physical evidence doesn't lie to you," he said. "It doesn't have an opinion."
He also asked jurors to believe the only eye witness other than Tesi and Fossett. Martha Sanders had testified that she could see Fossett go up Tesi's driveway from a front room of her house across the street.
She said that she heard two gunshots before Fossett got to Tesi's garage. Fossett testified he did not fire until he was in the garage.
--Steve Norder
11 a.m. The defense in the James Michael Tesi case rested Wednesday morning, followed by the state, without another witness being called. State District Judge Everett Young recessed the jury until 11 a.m., when arguing arguments will begin. Tesi's attorney, Ronald Hardin, was spending the recess time working on his closing argument. He was reviewing the physical evidence as well as the multitude of photographs taken after the shootout between Tesi and Colleyville Police Officer John Fossett at Tesi's north Hurst home last July. Tesi is on trial for aggravated assault on a public servant. The maximum penalty is life in prison.
Young is giving Hardin and prosecutor Jim Hudson 30 minutes each for their closing arguments before the seven women and five men of the jury. Testimony has lasted five days, and Tesi did not take the stand in his own defense. However, Fossett did testify as well as a number of Keller, Hurst and Colleyville police officers and paramedics. Those officials arrived on the scene after the shooting had ended.
The shootout occurred July 21 in Tesi's garage and outside on his driveway of his north Hurst home. In the exchange of at least 15 bullets, Tesi was shot in the leg and face. Fossett was not injured.
Following closing arguments, Judge Young is expected to present the jury with "charge," or instructions. The jury will then begin deliberations. - Steve Norder