MADISON COUNTY, Ala. - The trial is underway in the case of a man accused of shooting his daughter's boyfriend.
Fitzgerald McQueen was indicted on a second-degree assault charge for the shooting of Jaizon Collins. In November 2015, Madison County Sheriff's deputies were called to the McQueen home on Thunderbird Drive in Anderson Hills. They found Collins with a gunshot wound to the chest.
Investigators say he had been hiding in the girl's bedroom when McQueen shot him.
The defense argued today that McQueen found the teen in his daughter's closet, naked. Defense attorney Bruce Gardner said McQueen warned Collins twice not to move. Gardner said the teen lunged at McQueen and he fired.
Collins testified he was hiding in the closet after hearing McQueen and his wife try to open their daughter's door. He said McQueen found him in the closet, they started at each other for a few seconds and then McQueen shot him, without saying a word. Collins said he was wearing compression shorts when he was shot, he wasn't naked.
Gardner said the case should never have been brought. He said under Alabama law, a sexual relationship -- between Collins, who turned 18 the night of the shooting, and McQueen's daughter, who was a high school freshman -- was illegal. He said McQueen also has health problems and acted in self-defense .
Collins was initially also charged with second degree rape, because he turned 18 the night of the shooting and the girl was more than two years younger. Collins testified he was prosecuted as a juvenile and was sentenced to counseling and monitoring.
The teen said he spent 18 days in the hospital following the shooting. He said he didn't bear McQueen any ill will. He conceded that his family sued McQueen, seeking payment of Collins' medical bills.
Gardner pushed Collins on the fact that he had a relationship with McQueen's daughter despite being told by both his parents and her parents that they were not allowed to date. Collins testified he wasn't thinking about the law or the families in the relationship, but only about himself.
Gardner said the case did not represent fair treatment of McQueen. He argued Collins broke the law and received counseling, while McQueen is facing hte possibility of prison time for shooting a naked man in his daughter's closet.