MAYS LANDING — Jurors in the murder trial of an Atlantic City man will hear testimony of several witnesses for a second time Tuesday, after deliberations apparently raised questions.
Jeremiah Jackson, 21, of Atlantic City, is accused of killing Ellis Spell Sr., 51, during a home invasion in Pleasantville Dec. 9, 2011.
Jackson was trying to rob the home with two friends when the father of 11 got in his way, Assistant Prosecutor Seth Levy told the jurors.
Tyree Kelly, a friend of Jackson's, was arrested with the handgun used to kill the man and a shotgun used in the attack. Kelly testified he had cleaned the guns as a favor to Jackson, and planned to take them to Philadelphia to sell when he was taken into custody.
Kelly said his friend admitted to being the one who shot Jackson.
But defense attorney Robert Gamburg said, while Jackson was in the home and even suffered a wound from the shotgun, he did not kill Spell.
Instead, he told jurors that another person in the home had a pending drug and guns case and likely was involved.
No witnesses testified for the defense.
Kelly's testimony, along with several others, will be read back Tuesday at the jury's request. They deliberated for about three hours Monday.
They will also rehear 911 calls made that night, along with having Superior Court Judge Mark Sandson clarify some of the charges.
The jury asked whether accomplice liability applies to the charges of murder and felony murder that Jackson faces. Sandson told them it did, and they returned to their deliberations.
Felony murder is a death that occurs during the commission of another crime. The defendant does not need to be the person who caused the death, but only a willing participant in the original crime.
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