By BERNIE HORNICK
SOMERSET — The prosecutor in Bruce Emerick’s murder trial Thursday picked apart the accused killer’s statement to police in the death of his fiancee, in which he told the cops, “I tried pulling the gun away. She pulled back on it – and it went off.”
Assistant District Attorney Jim Jacobs noted testimony indicated 33-year-old Jeanine Downing was tugging at the gun by the barrel. So Downing would have had to pull the gun – while pushing the trigger away from her – for the gun to have discharged under Emerick’s scenario.
Witnesses have described an overwrought Emerick coping with emotions ranging from self-pity and anger – because of a running fight he was having with his fiancee – to cunning as he cut his arm and carried a rifle to win her sympathy.
He was sure those tactics would get him back in the good graces of Downing, testimony indicated.
The pair had been drinking, bickering and striking each other on the night of Dec. 28, 2007, after Emerick began talking to another woman at Downing’s birthday party.
The pair drank in the complex where they lived, 800 E. Main St., Somerset, as they moved from apartment to apartment.
Jacobs also made the point that Emerick chambered a round after partially unloading the weapon he had loaded – thereby leaving the rifle with the hammer raised and ready to fire.
Contradicting a witness to the shooting death, Emerick, now 21, denied in his Dec. 29 statement that his hand was on the trigger as the two yanked at the deer rifle: “I know that for a fact.”
Another witness, Richard Shaffer Jr., indicated in his statement that the couple both had their hands on the barrel and mechanism area of the rifle as they stood facing each other in their bedroom. Jacobs hinted that his decision not to call Shaffer – who is Emerick’s cousin – as a witness was because they’re so close.
Borough policeman Angelo Cancelliere went through Emerick’s Dec. 29 statement in exacting detail under prompting by Jacobs and defense attorney Jerome Kaharick.
Emerick recalled standing in his and Downing’s bedroom as friend Jennifer Jacobs sat on the bed with Shaffer looking on. The defendant said the deer rifle he had been carrying was near the closet.
“She just picked it up” and put the barrel to her jaw, Emerick said in the statement. “I was trying to get the gun off of her.”
Prosecution and defense disagreed about a portion of the recorded statement in which Emerick said he was sad “because I shot and they died.” Kaharick said Emerick actually said on the tape he was sad “because my fiancee died.”
According to Shaffer’s statement, Emerick had said earlier, “We are going to (expletive deleted) someone up tonight.”
When the two grabbed at the gun, Shaffer said in his statement, he didn’t want to see what would happen next. He heard the shot and saw Downing crumple to the floor.
After the gun went off and Downing fell, Emerick and Shaffer went to Shaffer’s next-door apartment.
Police arrived.
Former borough Officer Ken Michel recalled his felony arrest of Emerick. He said he knew through 911 that the shooter was still at large.
Shaffer opened his door to see what was happening and was told to put his hands up.
“It wasn’t me,” Shaffer told Michel.
“Where is he?” Michel asked.
Hands still in the air, Shaffer pointed his thumb and made an “over there” motion.
Michel found Emerick crying uncontrollably face down on Shaffer’s couch, his hands tucked under his chest.
“He said something to the effect of, ‘It was me. I did it. I’ll tell you everything,’ ” Michel said.
Emerick was cuffed, placed in a cruiser and was talking unintelligibly to himself.
Jacobs wanted to know if Emerick at any time said Downing had committed suicide or that the death was an accident, possibilities raised through prior evidence. Michel said no.
Jacobs said the accused murderer was less than forthcoming with police, not mentioning he had chambered a round after unloading other bullets, and not mentioning he had knocked a drink from Downing’s hand earlier in the evening.
The prosecution rested its case Thursday after four days of testimony. The jury is expected to get the case today after the defense presents its evidence beginning at 8:30 a.m.
In other developments:
•The day began with President Judge John Cascio issuing a stern warning to both families to maintain decorum or he would clear the court of everyone but participants and the press. A brief exchange between the families of Emerick and Downing occurred Wednesday afternoon after court had adjourned for the day.
•Cascio dismissed lesser charges against Emerick of discharging a firearm into an upstairs apartment because the bullet didn’t make its way through the ceiling. And Cascio acquitted him of two of four counts of reckless endangerment for the same reason.
Remaining counts against Emerick include first- and third-degree murder, criminal homicide, voluntary manslaughter, involuntary manslaughter, and aggravated and simple assault.
•Talk of a plea bargain circulated through the courtroom when the afternoon session got under way nearly two hours late. Jacobs said he could not comment.
