Brighton Murder trial witness: "If (CJ) ever stepped on the property again he would kill him"

Posted at: 11/30/2012 3:15 PM
Updated at: 11/30/2012 8:16 PM
By: Berkeley Brean

A young woman who was in the Brighton house of murder suspect Max Wyant a month before the killing of C.J. Schoen says Wyant threatened to kill Schoen if he ever came back to the house.

Wyant is charged with second degree murder. He's accused of shooting and killing his former roommate, Schoen.

Sandy Smith says she was at the house, just off North Landing Road, a month before the shooting. When C.J.'s name came up Smith said Wyant "went into a rage."

Asked to clarify, Smith said Wyant said "if (CJ) ever stepped on the property again he would kill him."

Wyant's attorney shrugged off the seriousness of the comment after court.

"I don't think it was damaging at all. In this day and age people say they're going to say they're going to kill people as a colloquialism all the time. And I also anticipate there is going to be testimony that directly controverts what she said, that that conversation did take place but it was no big deal," Nobles said.

The jury problem

After questioning every single juror for more than five hours and dismissing one of the alternate jurors, the murder trial of Max Wyant is back hearing testimony.

Lawyers and the judge spent the entire morning grilling each individual juror. The court was concerned that the jury might be "tainted".

Defense attorney James Nobles said the problems started Thursday when it came to the court's attention that information posted on a social media site about the trial was shared with the entire jury.

James Nobles, Defense Attorney, said, "We received some information that some information might have been given to the jury to the panel as a whole, that someone received some information and may have shared with the panel as a whole so we had to check with each individual person to make sure that if that was heard or seen or understood that it wouldn't affect them in any way going forward."

Wyant is on trial for murder, accused of shooting and killing his former roommate C.J. Schoen last February.

In testimony Thursday, Brighton Police Investigator Tim Karch said he found 14 guns inside the home where the shooting happened. Friday under cross examination, Investigator Karch was more specific saying 7 of the 14 guns were BB or pellet guns. Two were rifles and five were shot guns. Most were older type guns and in cases, Karch said.

Jurors also watched police video from inside the home, including close ups of holes in the wall from the pellets of one of the shot gun shell that was fired that night.