Updated: January 07, 2020 06:58 PM
Created: January 07, 2020 01:14 PM
QUEENSBURY - It's Joshua Marcantonio who's on trial for eight counts, including attempted burglary, weapon possession and animal cruelty, but his attorney would have the jury believe it's the alleged victim, Shannon Gilligan, who should be charged.
"That Shannon Gilligan with a sheet as long as your arm," said Jeff Matte, telling jurors that Gilligan has a long criminal history.
It all centers around a May dispute at Gilligan's home on Charlotte Street in Glens Falls.
The way prosecutors describe it, Marcantonio and Gilligan, who were old friends, were catching up when Marcantonio's behavior became increasingly bizarre.
They say Gilligan dozed off and woke to Marcantonio punching him in the face. Assistant District Attorney Matt Burin told the jury that when Gilligan threw him out of the Charlotte Street duplex, Marcantonio came back with a shotgun and fired through the front door, killing "Sir Edwin," a 3-year-old Dalmatian owned by Gilligan's daughter, Jackie.
"The defendant, knowing that Shannon was in that room, knowing that Jackie was in that house, intentionally shot that shotgun blast through that front door with absolutely no regard for human life," said Assistant District Attorney Matt Burin.
However, Marcantonio's attorney told the jury that Gilligan was the aggressor, throwing out Marcantonio's belongings and then came after his client with the gun.
"He sees Shannon Gilligan as he's trying to collect them (his belongings), come out of the house with the shotgun and he goes in like this to defend himself and that's when the gun went off. That's when the gun went off," said Matte. "Josh Marcantonio didn't shoot this gun because it don't make any sense."
Prosecutors told the jury that DNA evidence will connect the gun to Marcantonio. If convicted of the top count, Marcantonio could be sentenced to up to 15 years in state prison.
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