"It was an accident": Mitchell Brooks testifies at his trial
Published Thursday, March 17, 2016 7:05PM EDT
It was a tense day in a Barrie courtroom Thursday, where the man accused of murdering his wife was grilled for hours on the witness stand.
For the first time the jury heard Mitchell Brooks first-hand account of what happened on the night of May 24, 2013 when his wife Deena Brooks was shot and killed in their New Lowell home.
Brooks, 52, is on trial for first degree murder. He told the jury Thursday that Deena's death was an accident and he meant to kill himself.
Brooks testified he suffered from depression and it took a turn for the worse after Deena told him she wanted a divorce during the Easter weekend. He said had nothing to live for.
He told the jury he went to his workshop with a handgun to kill himself, but Deena tried to stop him.
"She saw the gun. She said is that a gun? I told her yes, it's loaded and held it over my head so she couldn't get it," Brooks testified.
Mitchell brooks told the jury there was a struggle between Deena and him.
"She grabbed my arm and tried to bite me," he testified. "We fell off balance in the foyer and the gun went off."
Brooks also testified he tried to help Deena, but she collapsed to the ground and told him "it's okay, it's just a dream."
During cross examination the crown insisted the shoot was deliberate.
Crown attorney Dave Russell re-enacted the shooting, to try to show the jury what happened.
Holding his hand as if he held a gun out to Brooks who sat in the witness stand, Brooks showed how his wife tried grab the gun from him.
"Nobody pulls a loaded gun toward them," insisted the Russell. "You were consumed with anger, you shot your wife, and you killed her."
"That’s wrong. It was an accident." said Brooks in a quiet voice.
The Crown also suggested Brooks did not call 911 for almost a full hour after he shot her, but Brooks denied that.