CAMPBELL COUNTY Wednesday was day three of testimony in the Kenny Bartley trial and the state rested its case.
Bartley is accused off shooting and killing assistant principal Ken Bruce and wounding principal Gary Seale and assistant principal Jim Pierce in 2005.
Bartley pleaded guilty to the shootings in 2007, but a judge granted him a new trial in 2011 after attorneys argued he hadn't been able to discuss the deal with his parents and he was pressured into it.
Bartley faces first degree murder, felony murder, two counts of attempted murder and gun and drug charges.
On Wednesday, the state called two doctors to the stand as its last witnesses. The first doctor, Dr. Douglas Bachelor, worked on Ken Bruce at the hospital. He told jurors that Bartley was injected with anesthesia because he had a gun shot wound to the hand. He said the anesthesia wouldn't cause Bartley's blood to test positive for Valium.
Medical examiner Dr. Darinka Mileusnic-Polchan told jurors that Bruce was shot in the left shoulder and the bullet traveled to his chest. She said Bruce's arm would have had to have been raised for the bullet to travel in the path that it did. Previous witnesses testified that Bruce had his hands up when he was shot.
Defense attorney Greg Isaacs asked Dr. Mileusnic-Polchan if Bruce's arm could have been raised because he was reaching for something - perhaps the gun. She said she's not sure why it was raised or what position Bartley was in when the gun went off.
"I know where the gun is. What the shooter is doing and how he's positioned, I don't know with certainty. But I know the gun is here," said Dr. Mileusnic-Polchan.
The state rested its case following her testimony and the jury left the room. That's when Isaacs asked the judge to acquit Bartley on the first degree and felony murder charges.
He told the judge that the state hadn't shown there was any planning, deliberation or pre-meditation in the shooting. Isaacs said it's simply a case of a troubled 14-year-old bringing a gun to school to trade for drugs and said Bartley panicked when taken to Jim Pierce's small office.
"The state has not offered any evidence whatsoever that can change or refute the words of 14-year-old Kenny Bartley at the hospital when he said, 'I felt scared and I shot randomly," said Isaacs.
As part of the same motion to acquit, Isaacs asked the judge to have jurors disregard shooting victim Jim Pierce's testimony. He said the state knew Pierce couldn't remember his original video statement and should have told him that before allowing Pierce to take the stand. Isaacs said there were several inconsistencies between Pierce's original statement and his current testimony.
The judge denied Isaac's motion to acquit. The defense will begin presenting its case Thursday at 9 a.m.
Local 8 News reporter Hilary Magacs is in court for the trial.
You can follow her updates on Twitter: @WVLTHilary.
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