Jury trial continues in fatal shooting at Bleachers

NOW: Jury trial continues in fatal shooting at Bleachers


ST. JOSEPH COUNTY, Ind. -- Jury trial continued Wednesday with the man accused of fatally shooting Avery Brown at Bleachers Bar.

Timothy Marcus Mayberry is charged with one count of murder in the death of 28-year-old Avery Brown.

The prosecution called seven witnesses to the stand Wednesday, in addition to the six who testified on Monday and seven who testified on Tuesday. The prosecution rested its case after a total of 20 witnesses.

The defense called just two witnesses to the stand on Wednesday, including Timothy Mayberry, who is the suspect in the case.

Mayberry testified that he went to use the restroom at Bleachers prior to leaving the bar. Mayberry claimed he opened the door and noticed it was occupied.

The suspected alleged that Brown notified him that he had finished using the restroom and Mayberry stepped back in.

Mayberry testified that Brown then punched him in the face after asking him "What they call you" and an altercation broke out.

Mayberry recalled thinking, "I'm going to die in the bathroom" if he did not defend himself. Mayberry also testified that the gun never left Brown's hands and he never pulled the trigger.

None of the witnesses testified to seeing a gun at Bleachers, nor did any witness testify to picking up a gun after shots were fired.

On Tuesday, a life-long friend of Brown’s said reliving the testimony was not easy, but she is hopeful justice will be served.

“It’s rough, it’s emotional, you know just kind of having to relive everything and knowing that Avery’s not here,” said Hayley Cashier. “But seeing everything and hearing testimonies about the pain that he went through in his last moments…it’s rough, but I have a good feeling that justice will be served and the man who took Avery away from us will get what’s needed to come to him.”

Brown was shot and killed inside the restroom at the now-closed Bleachers Bar on Grape Road in Mishawaka on September 21, 2018.

The majority of witnesses who testified Tuesday were law enforcement officials, including a Medical Examiner and a DNA Analyst.

The seventh and last witness called to the stand Tuesday was a woman who met Brown at Bleachers the night of the fatal shooting.

The first four witnesses called to the stand by prosecution on Wednesday were all patrons at Bleachers Bar the night of the shooting.

Testimony from the four witnesses on Wednesdy remained similar in stating identifying characteristics of the suspect. Witnesses recalled hearing three "pops" or "firecracker sounds" before hearing Brown say, "“He just shot me.”

The jury heard testimony from David Goodman, Mayberry's friend who was at the bar with him the night of the shooting.

Goodman testified that he recalled patrons of the bar attacking Mayberry after shots were fired.

Cell tower and phone record testimony showed that no phone records from Mayberry's cellphone could be obtained after 1:00 p.m. on September 22, 2018. Records were unobtainable because no contact was made between the phone and the AT&T network after that point, according to testimony from a Metro Homicide Investigator.

A 47-minute surveillance video played during trial on Wednesday, showing the events that occured before and after the shooting on September 21.

Video showed Mayberry entering the restroom after Brown and white flashes could be seen through a crack in the doorway before Mayberry exited the restroom.

Both the state and defense rested on Wednesday. Closing statements begin Thursday morning before the jury will deliberate.

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