An Atlantic City man accused of opening fire at a high school football game and killing a 10-year-old boy went on trial Wednesday.
During the third quarter, shots rang out.
Wyatt was allegedly aiming for Ibn Abdullah, who is currently jailed on attempted murder charges for shooting at Wyatt in Atlantic City less than three weeks earlier.
Wyatt blamed Abdullah for the killing of his cousin weeks earlier, Chief Assistant Prosecutor Seth Levy said during his opening statements.
Micah "Dew" Tennant, who was watching the game with his mother and older sister, was struck in the neck.
"He tried to say mom, however his mouth was filled with blood," Angela Tennant told investigators.
But the mother of three could say that line to jurors, the judge ruled, after a defense motion argued Monday that it would only incite jurors' emotions while not adding anything of evidentiary value to the case.
The 10-year-old from Atlantic City died five days later without ever regaining consciousness.
Wyatt is accused of murder, along with attempted murder for the injuries to Abdullah that left the now-31-year-old man paralyzed in a wheelchair. A 15-year-old boy from Egg Harbor Township was also struck and is expected to testify at trial.
Wyatt's defense is expected to present a possible self-defense case, according to another motion heard earlier this week.
Assistant Prosecutor Daniel Davis argued that the state Supreme Court found self-defense could not be used in a case when the victim is a third party bystander.
Davis said evidence shows there was no immediate threat to Wyatt, even though Abdullah was later found with a gun by emergency personnel who cut his clothes off to tend to his injuries.
Davis said Wyatt used "reckless and careless disregard when he shot into the crowd."
The state's argument depends upon testimony and evidence that has not yet been heard, defense attorney Stephen Funk argued.
The defense's only obligation at this point is to notify the state that they intend to rely upon self-defense at trial, which they have done, Funk said.
Judge Donna Taylor agreed that, until evidence it presented, she could not properly rule.
She first told Funk he could not mention self-defense in his opening, but after a sidebar with Davis, Funk and Levy, the judge said the state would allow it even though the jury may ultimately not be given it as an option.
The judge also granted a material witness warrant for Donald Gregory, who the state says witnessed the shooting and followed after Wyatt when he tried to flee.
Both Gregory's son and his employer have indicated to state investigators that he is a reluctant witness, according to information presented Monday.
"He's clearly a witness who has information that would be relevant," Taylor said in issuing the warrant.
Jail calls may also factor into the state's case, with a lieutenant from the jail on the witness list.
Two other motions related to police body camera footage showing Abdullah name Wyatt as the shooter.
The defense argued it is unnecessary since Abdullah will be testifying at trial.
In the video, which was not shown to the full court played at the defense table for Wyatt to see, Abdullah is heard saying Wyatt's name.
"This is a man teetering on the brink of death," Davis told the judge in arguing its admissibility as an excited utterance. "He thought he was going to die."
Abdullah was shot three times, with one bullet nicking his spine and going through his colon. Another broke his arm.
"He is alive," Funk said. "He's at the Atlantic County jail. He's been to court probably 15 times since this event occurred."
The jurors can hear what he has to say when he testifies, Funk said.
"Mr. Abdullah is in the Atlantic County Justice Facility and probably not going to be very cooperative," Davis said. "He may even become unavailable."
If he does testify, the defense will have the option to cross-examine him, which is beneficial to them, Davis added.
The judge granted the state's motion to play the recording.
But the officer whose body camera captured that is another issue.
Officer John Marciante is not on the state's witness list, Funk noted, adding that neither the Pleasantville Police Department nor the state would answer questions about his status with the department.
The state argued that, because he is not being called as a witness, the defense is not entitled to his private personnel records. But Funk said it was necessary in him deciding whether he would call the officer as a defense witness.
The judge ruled that the defense would be able to see those records in camera, meaning privately in her chambers.
