For the first time since his trial began, a Clearview Township man charged with murdering his wife, took the stand in court on Wednesday.
The defence argues Mitchell Brooks never intended to shoot his wife and should be found not guilty of first-degree murder.
"The only thing Mitchell Brooks was trying to do that night was kill himself," defence lawyer Kim Miles told the jury. “He's being blamed for a crime that he did not commit."
The Crown has insisted Brooks deliberately shot and killed Deena Brooks. However, the defence called it an accident saying Brooks planned to kill himself in his workshop and Deena followed him there.
"Deena and Mitchell fought over the gun. During that struggle, they fell to the ground and she was accidentally shot." The defence is insisting Deena died because "she was trying to stop the father of her children from committing suicide."
Then it was Brooks’ turn to take the stand, something he has chosen to do at this trial. He started by telling the jury he was "blindsided when Deena told him she wanted a divorce months before her death".
"I couldn't believe it," Brooks told the jury. "I asked her 'why'? She never gave me a reason."
Brooks testified he was diagnosed with depression in 1993 and is still on medication. He told the jury he had suicidal thoughts in the past.
He said his depression took a turn for the worse after Deena said she wanted a divorce.
“Just total sadness," he said. "I was angry at myself because I thought I had done something wrong."
Brooks insisted he wanted the marriage to work, but Deena was adamant about the divorce. That's when he went to get legal advice and also changed his will to make their daughters beneficiaries because he “was planning to commit suicide and wanted the girls to have a legacy."
Brooks’ testimony was cut short on Wednesday because a juror was sick. Brooks will be back on the stand on Thursday and is expected to give his account of what happened the night Deena was shot to death.