Testimony has begun in the trial against an Erie man charged with a fatal shooting outside an east Erie gas station,
Merle Page Jr., 27, is charged with the shooting death of 26-year-old Marcell Flemings.
It happened January 15, 2017, outside of the Shell station on East 6th and Parade Streets.
On Monday, testimony focused on surveillance video that captured the deadly incident.
A couple of officers testified that Flemings and several others had been pepper-sprayed during a fight at a nearby tavern.
In the video, you see Flemings walk into the store and purchase milk. Flemings then heads outside and pours the milk on his face, to counteract the pepper spray.
Moments later, Flemings and another man in a Chicago Blackhawks jersey, identified as Page, got into a fist fight.
Investigators say Page then walked to his car, grabbed a gun, and fired the weapon at Flemings.
Flemings was carried into a car and rushed to the hospital, where he died from a gunshot wound to the chest.
Erie County Assistant District Attorneys D. Robert Marion and Paul Sellers are seeking a first-degree murder charge, which carries a sentence of life in prison with no chance of parole.
Page's lawyers Eric Hackwelder and Stephen Sebald are representing Page.
Hackwelder says while most of the evidence is undisputed in this case, this was not a premeditated killing and is asking for a lesser conviction.
Testimony continues Tuesday morning.
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