Kenosha man convicted in homicide that prosecutors say resulted from a botched drug robbery | Crime & Courts

Burgoyne said Pendleton decided to rob Allen when Allen returned to his apartment, where he likely had money and drugs. “Drunk is vulnerable, drunk is an easy target,” said Burgoyne. “Cocaine makes a bad idea look like a good idea.”

In Burgoyne’s version of events, Pendleton attempted to rob Allen, who then settled on the pistol he kept in his pocket or waistband. Because Allen was drunk, Pendleton took the gun from him and panicked. He shot wildly before escaping.

On Thursday, the jury was brought to the scene of the shooting in a so-called “jury view”. The jury was brought to the scene in a school bus and then silently led down the hallway. When prosecutors took them there, they were able to show that the building’s long hallway is unusually narrow – too narrow for two people to comfortably walk next to each other. At each end of the hall there are stairs leading to the exterior doors.

Burgoyne said shooting someone in the narrow hallway was “like fish in a barrel” and the fact that 12 shots were fired and that only five hits, all in the legs or in the pool, indicated that the shooter was shooting a bad shot and that Pendleton’s story of running down the hall while gunshots were being fired was implausible.

Defense arguments

Defense attorney Terry Rose ignored Pendleton’s story of the shooting and the masked intruder. But he argued to the jury that prosecutors had failed to prove their case and that there was ample reasonable doubt that they should acquit Pendleton. He pointed out that Pendleton’s fingerprints and DNA were not found on the gun and that there was no physical evidence to link Pendleton to the shooting. He said whoever moved the gun was likely tied to the shooting.

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