He also is charged with a firearms specification and having a weapon while under a disability imposed by a previous felony conviction for a 2012 drug-related charge.
“Brian Mason killed Michelle Elliott with a gun he never should have possessed,” said Paul Watkins, first assistant county prosecutor.
Elliott was shot in the center of her chest when the gun discharged as Mason attempted to remove a round in the barrel, Watkins said. “He recklessly caused Michelle Elliott’s death,” he said.
Credit: Miami County Jail
Credit: Miami County Jail
Public defender Joe Fulker said Mason and Elliott had known each other since grade school and continued as friends until her death. “This case is about a horrible accident,” Fulker said.
Mason brought a gun to Elliott’s home March 26 because she was concerned about her safety, Fulker said. As he showed her the gun, Mason saw he had neglected to remove a magazine. While attempting to remove it, the gun inadvertently pulled up and discharged, Fulker said.
“He stood there stunned” as he saw blood forming on Elliott’s chest as she attempted to stand, then collapsed, he said. “The government presumes Brian’s recklessness. The evidence will show he was negligent,” Fulker said.
Mason will testify, Fulker said.
In testimony Wednesday, jurors heard from an officer with the Miamisburg Police Department to whom Mason turned himself in early evening March 27 and viewed the body camera video from that discussion. Mason said he was scared and had driven around since leaving Elliott’s home after the shooting.
Miami County Sheriff’s detective Lt. Jason Moore testified about what was found at Elliott’s home after her body was found by officers doing a welfare check.
Moore said he was acquainted with Mason from a 2012 case in which he was convicted of attempted cultivation of marijuana. Because of that conviction, his carrying a concealed weapon license was revoked, Moore said.
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