Brandon Brown murder trial: Emotions boil over during second day of testimony

Emotions boiled over briefly Friday morning during the second day of testimony in the Brandon Brown first-degree murder trial.

The state's second witness, DiMarco Harris was on the stand. Harris had spent the day with Donelle Lindsey, the man killed on June 21, 2012, allegedly by Brown. Harris was tearing up as he described the Lindsey family blaming him for Lindsey's death.

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“Ain't nobody apologized. Ain't nobody asked how I feel. But that's cool. I'll deal with it,” Harris said, after drying his eyes on the sleeve of his shirt.

At that time, a member of the audience stood up and shouted at Harris.

“You left Donelle to die,” the woman said. She was escorted from the courtroom and has not been allowed to return.

Brown, 28, is on trial this week for the murder of a Iowa City High School graduate, Donelle Lindsey. Brown is accused of gunning down Lindsey, 30, of Iowa City, on June 21, 2012. According to witnesses and police, Brown asked Lindsey to walk down the street with him at 11:26 p.m. that night and an argument ensued. Police said Brown pulled a handgun and shot Lindsey multiple times at close range. Paramedics were called to 2437 Petsel Place and Lindsey was taken to the University of Iowa Hospitals and Clinics, where he was pronounced dead.

Brown fled the area, but was arrested two months later on Aug. 21 at a home belonging to one of his friends in South Holland, Ill. Police tracked him there after receiving a tip Brown was in the area.

Harris spent the day with Lindsey. It was Harris' first day of parole and Lindsey's first day in Iowa City in a long time. The men spent time at Harris' Petsel Place apartment, drank Hennessey and listened to music. Lindsey left on several occasions for a short period of time, but it has not been indicated where he went or what he was doing.

Testimony from Harris showed that around 10 p.m. that night, Lindsey called a friend for a ride. Harris waited for Lindsey outside of the apartment building when they were approached by two men, allegedly Byron Fisher, the state's first witness, and Brown.

Harris testified that he had never seen Brown before, but Brown asked Lindsey if he could “holler at him.” The two men then walked a short distance and spoke privately.

As Harris and Fisher were talking, Fisher suddenly said, “Y'all need to cut that (stuff) out,” Harris testified. At that time, Brown drew a gun on Lindsey, Harris said.

“He upped the gun and shot him,” Harris said.

Harris said Brown fled and Fisher also tried to leave. Harris pursued Fisher to ask him the name of the shooter and why he shot Lindsey.

Neither Fisher nor Harris, the state's two eye witnesses to the alleged shooting, called 911 to report the shooting or offered to speak with police that night. Harris testified he was afraid of violating his parole by being out after curfew and drinking.

Harris testified he went to the police station the following morning and positively identified Brown in a police line up. However, under cross examination, it was shown that Harris pointed to two photos and could not say with certainty which one was the shooter. It was not revealed if either photo was Brown's.

Harris was also shown to have given conflicting statements to police and attorneys about other details.