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Prosecutors: Jury will see surveillance video of actual murder caught on tape

By GARY LIBERATORE

UTICA, N.Y. (WKTV) - Oneida County Assistant District Attorney Joseph Saba told a jury on Monday that they will see, during the murder trial of 30 year old Marshall Jackson, the actual murder which was captured on surveillance tape.

Jackson, a U.S. Army veteran of Utica, is accused of gunning down 24 year old Anthony Garner, also of Utica, on James Street, between Steuben and West Streets in the early morning hours of May 25, 2011.

Saba said in his opening statements Monday afternoon that when the shooting happened, a patrol car was close by in that neighborhood on Steuben Street. He says the officers actually heard the gunshots, and within 10 seconds, those officers saw the defendant in this case, Marshall Jackson, running down James Street with the murder weapon, a 22 caliber pistol, in his hand.

Saba says that Jackson was arrested and the arrest was caught on one of the city's pole cameras it has set up to cut down on crime.

The first witness for the prosecution, Dr. Asfar Khan, an emergency room physician at St. Elizabeth Medical Center took the stand Monday afternoon.

Dr. Khan says Garner had been shot four times when he was brought in - once in the head, once in the buttocks, and twice in the back.

Saba told the jury that Garner was out celebrating his 24th birthday and for some reason, was literally chased down by three men on James Street, one of those men being Marshall Jackson.

So far, the other two suspects have not been caught.

Saba says Jackson and another male beat and kicked Garner, while a third person held him down, and that too, was captured on videotape, this time on one of the M & M Deli's surveillance cameras.

Saba told the jury what they will see on that tape.

"You're going to see the defendant, Marshall Jackson, walk around the body, and kick, and kick the victim when he's down, at which point, the third assailant which was on top of Anthony Garner, physically grabs him, lifts him up, like a dead lift, and you're going to see Marshall Jackson shoot, you're going to see the muzzle flash, shoot him, once in the side and the coup de grace right in the head."

Before jury selection began Monday morning, prosecutors asked the judge if Jackson's criminal past involving assaults and DWI's could be brought up during trial to be used towards Jackson's credibility.

Judge Dwyer denied those requests.

The trial is scheduled to resume Tuesday morning at 10 a.m..

The trial is expected to last through Thursday or Friday.

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