SIOUX CITY, Iowa (KTIV) -
The victim took the first swing. That's what the defense's witnesses say in Brad Gregg's retrial. Gregg, from Sioux City, is accused of fatally punching an Ida Grove, Iowa man outside a 4th Street Bar two years ago. His first trial ended with a hung jury in September.
Prosecution rested and the defense began, Monday. They claim Gregg was acting in self-defense when he struck, and killed, Joe McDonald. To back that up, they brought in some trial shaking testimony.
Three witnesses claim it was McDonald, not Gregg who threw the first punch. Chris Robinson and Dacosta Daniels were riding in their car, turning up Iowa Street. They saw the argument between Gregg and McDonald's wife, then saw McDonald step in.
"Mr. Gregg hands were up like he didn't want no problems and then the other guy came in and tried to swing on him," said Robinson.
"He was trying to punch him," said Daniels.
"And what did Mr. Gregg do in response to that?" asked Defense Attorney Mike Williams.
"Hit him," said Daniels.
The third witness, Steve Murphy, was at the bar next door, looking out a second floor window. He saw something similar.
"He tried to throw a punch at Mr. Gregg," said Murphy.
"Did it land?" asked Williams.
"No," said Murphy.
The stories suggest Gregg was doing what he said, protecting himself. But in cross examination prosecution started picking things apart. First, the relationship between Gregg and Robinson. They went to school together, spent time in the same cell block; Robinson even gave Gregg a ride home after the fight.
"I just figured I would try to get him out of there, because I didn't want him to get hurt," said Robinson.
Prosecution also scrutinized Murphy's distance was from the incident. He was all the way across the street, up a floor, and behind a window.
"Do you know how far that is a straight line shot where you were, down to the concrete?" asked Loomis.
"About 40 yards?" asked Murphy.
Gregg is charged with Involuntary Manslaughter and Assault Causing Serious Injury. That's up to ten years if convicted.
The jury may start deliberating as soon as Tuesday, if the defense wraps up.
You might remember Dacosta Daniels and Chris Robinson from an incident last summer.
The two were pulled over by Sioux City Police. Then a traffic stop turned into a debate over whether Daniels was mistreated by police, when a dashboard cam caught this video. In it you can see Daniels struggling with officers.
Police claim Daniels was uncooperative when one officer tried to stop her from talking on her cell phone. The officer handcuffed her.
An investigation was conducted, finding officers followed procedure.
Daniels was convicted of assaulting a police officer, and sentenced to 14 days in jail.
