LAKE HAVASU — Many facts are not in dispute in the trial of a Lake Havasu City man charged in the shooting death of his brother. Attorneys, however, argued in favor of disparate and rival results during their opening statements to a Mohave County Superior Court jury Tuesday.
Deputy Mohave County attorney James Schoppmann’s request for conviction on a manslaughter charge was countered by defense attorney Jonathan Garner’s advocacy for acquittal.
Agreed upon facts are that victim Phillip Wilcox, 50, was estranged from his wife and had lived with defendant Justin Wilcox, 52, and his older brother’s wife at their home at 2172 Baranca Drive for about a year before the deadly shooting on Oct. 6, 2024.
The defendant’s wife suffered a stroke the day before and was hospitalized when the shooting occurred on the back porch of the home a few minutes before 11:00 p.m. The brothers spent that Sunday afternoon enjoying drinks while watching the Bears-Panthers NFL game at a local bar.
They visited the defendant’s wife at the hospital before returning home, drinking more alcohol and watching TV.
Schoppmann said Justin went to bed, but was awakened by a loud noise. The prosecutor told the jury that Justin grabbed his AK-47 and walked through the home before ending up on the back porch where Phillip was standing not far away.
“The defendant fires one round from his AK-47,” Schoppmann said. He said Phillip dropped quickly to the ground after the round entered his chest and exited his back.
Shoppmann said three hours after the shooting the defendant’s Blood Alcohol Content was measured at .264, well more three times the legal limit for operating a vehicle. Schoppmann said the defendant’s conduct was an unreasonable application of force that meets the legal standard for manslaughter conviction.
“He recklessly caused the death of his own brother,” Schoppmann said.
Garner asked the jury to understand that Justin was on household safety alert because he had called police two weeks before the shooting to express concern about potential burglar activity in the neighborhood. He noted that the defendant had former involvements as a Marine, paramedic and volunteer firefighter.
“He protected the community,” Garner said. He said Justin was forced to make a split second decision in the dark that horrifically killed his brother.
Garner told the jury that being intoxicated does not end a person’s right to protect themself or their property.
“He’s not guilty because he acted in self defense for what was reasonable at the time,’’ he said. “Could this be an accident? Could this have been a mistake? That’s reasonable doubt.”
Schoppmann called the victim’s estranged wife to the stand as his first witness in the trial that is expected to end Thursday or Friday.
