Jury deliberates murder of Saratoga Springs man
April 23, 2019 06:56 PM
BALLSTON SPA - It was a warm Sunday afternoon. Albert Mercer used a military-type knife to stab and kill Patrick Collins outside Mercer's trailer on Zephyr Lane in Saratoga Springs on July 1.
The 62-year-old Mercer looks much different than the day he was arrested, admitting in court to letting his hair grow and wearing glasses to make him look older to the jury.
During closing arguments Tuesday, Mercer's attorney, Andrew DeLuca, said his client's actions were justified. "You don't have to like Albert Mercer to decide this case," he said. "Albert Mercer is in his home, on his couch, minding his own business. No question Patrick Collins is the initial aggressor."
The stabbing happened on the porch after a confrontation between Collins and Mercer inside Mercer's home.
DeLuca telling the jury, "Your home is your sanctuary. It's a place you should feel most secure. He never goes off the porch. He doesn't leave it."
During a 50-minute summation, DeLuca told the jury, "Albert Mercer's intent was not to kill Patrick Collins. His intent was to scare him away with the knife."
DeLuca said, "Albert Mercer is innocent under our law of justification."
However, Assistant District Attorney Al Poremba said Mercer's actions weren't justified because Collins was unarmed and Mercer had no reason to believe Collins was going to use deadly force against him.
Poremba questioned why Mercer went outside to look for Collins if he thought Collins was going to kill him.
"He leaves a safer place to go to a less safe place," said Poremba. "The defense has concocted a story to fit the occasion."
The jury is deciding whether Mercer believed Collins was going to kill him and which of the two men started it.
Poremba saying the evidence shows it was Mercer.
"He and he alone was the initial aggressor of deadly physical force."
The jury was scheduled to resume deliberations Wednesday morning.
If convicted of murder, Mercer could be sentenced to a maximum sentence of 25 years to life in prison.
Updated: April 23, 2019 06:56 PM
Created: April 23, 2019 05:48 PM
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