Jury Deliberations Begin For Alleged Getaway Driver In Short Hills Mall Murder Trial
NEWARK, N.J. (CBSNewYork) -- Jury deliberations began Tuesday in the Short Hills mall murder trial.
Basim Henry, 36, is the first of four men to stand trial for the murder of Hoboken attorney Dustin Friedland, who was gunned down in front of his wife during an alleged carjacking in December 2013.
Henry chose not to testify on his own behalf and the defense rested without presenting any evidence.
The defense argued that Henry, the alleged getaway driver, did not possess the weapon nor did he pull the trigger that killed Friedland.
"Mr. Henry did not expect Dustin Friedland to die," his defense said.
Prosecutors said the men would never have gotten to the mall if it wasn't for Henry and his vehicle, saying they worked in pairs during the carjacking.
"Dustin was shot in his knees, in a lower position than the two defendants that were attacking him. This is knowingly and purposely causing the death. This is murder," prosecutors said.
Last week, the jury watched Henry's video confession.
Henry said he and three other men were out shopping for a car to steal, and he knew one of his alleged accomplices had a gun and was prepared to "strong arm" a driver to get an expensive vehicle.
"They were preparing for their own shopping trip that day," prosecutors said.
Video from the mall shows an SUV driven by Henry leave the garage, followed by Friedland's Range Rover.
"I seen a man and a lady tussling," Henry said in his confession. "I heard a shot, I want to say two."
Friedland was left for dead with his wife by his side.
"This wasn't supposed to happen," Henry said.
The Range Rover was recovered in Newark the next day behind an abandoned house.
Henry was arrested days after the carjacking in a hotel room in Easton, Pennsylvania where he was hiding out.
Authorities said security cameras at the mall place Henry in the parking garage days earlier following a white Range Rover — EZ Pass and highway cameras show the men following the vehicle home.
The near victim took the witness stand and the jury also heard emotional testimony from Friedland's widow.
"I saw Dustin laying there in a pool of blood and I ran over to him," she said. "I was screaming, 'stay with me, stay with me!' His eyes were following me, they were focused on me, he was bleeding, he was gasping for breath. I know he heard me, I know he heard me."
Although Henry may not have shot Friedland, the judge explained that he can still be found guilty as an accomplice, someone who helped plan and aided in committing the crime.
Jurors are expected to return to the courthouse at 9:30 a.m. Wednesday to resume their deliberations.