HUNTSVILLE, Ala. - The jury is deliberating in the trial of a Madison County man charged with shooting a teenage boy inside his home, who was in his daughter's bedroom.
Fitzgerald McQueen is charged with second-degree assault for the shooting of Jaizon Collins.
The jury discussed the case until about 4:15 p.m. on Wednesday. The judge declared recess for the day, and the jury will meet again Thursday morning.
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McQueen's trial began Tuesday, and his lawyers argued their client told Collins twice not to move.
The defense said McQueen found the teen in his 13-year-old daughter's closet, naked. This was at 2 a.m. on November 12, 2015.
Defense attorney Bruce Gardner said McQueen warned Collins twice not to move. Gardner said the teen lunged at McQueen and he fired.
However, Collins testified McQueen opened the closet and shot him without a word.
McQueen was a teacher in Madison City Schools, but was reassigned within the school system after the shooting.
The shooting happened in the McQueen home on Thunderbird Drive in Anderson Hills.
Prosecutors had initially charged Collins with second-degree rape, because he turned 18 the night of the shooting and the girl was more than two years younger. However, those charges were dropped.
Teen shot also testifies
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 .
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 the possibility of prison time for shooting a naked man in his daughter's closet.