3:56 p.m.: Both sides have rested. Closing arguments are set for Thursday morning.3:17 p.m.: The defense has rested. The prosecution is calling rebuttal witnesses.
3:05 p.m.: Expert witnesses testified blood found on Brandon’s gun was his. The defense called the witnesses to establish Brandon was armed with that weapon when he was shot.
2:45 p.m.: Carbaugh remained calm as Kobeski had him describe his attempt to dismember his brother.
He said “nothing” was going through his mind as cut off the fingertips with pruning shears and swung the axe down “seven or eight times” to sever the leg.“No rational human being is going to do what I did,” he said. “I knew I should turn myself in. I thought about killing myself. I was horrified beyond belief by what I had done.”
1:30 p.m.: Carbaugh stood and demonstrated how he pulled his gun and fired from the hip.
Senior prosecutor Justin Kobeski reminded Carbaugh his family testified that he did not normally carry a sidearm around the house.
“Sometimes I did, sometimes I didn’t,” Carbaugh said.
Carbaugh had offered that “it’s not lawful to keep a round in the chamber.”
He confirmed to Kobeski that he did have a round in the chamber when he fired from the hip.
He said that was because he had shot off a few rounds earlier in the day when he walked the dog.
Kobeski asked why he had not mentioned that when defense attorney Steve Rice asked him what he had done that day.
12:30 p.m.: Justin Carbaugh said he heard the front door slam after he left the house. He said he had argued with Brandon over Brandon growing marijuana plants in their grandmother’s home.
“I thought it was disrespectful,” he said.
Carbaugh said his brother followed him as he headed to a nearby field. As Brandon closed the distance between them he began screaming obscenities.
“He said he was going to —- me up. That I was a little bitch,” Carbaugh said.
“I said, ‘Dude, please just get the —- away from me.”
He said Brandon cut in front of him and put a hand on his chest.
“I begged him, ‘Just leave me alone or I’m going to snap,’” he said
Carbaugh said his brother “gripped his weapon. He asked me, ‘What the —- are you going to do about it?’
“I took a half step back and from a concealed position I shot from the hip.”
Carbaugh said the first shot hit Brandon in the chest and “he spun away …”
Carbaugh said the second shot struck his brother in the back of the head, behind the right ear.
He said as Brandon’s body went limp, it “was still twitching. … I was just indiscrimanately pulling the trigger.”
Carbaugh said he was in shock when he stripped his brother and began dismembering the body.
“It was self-preservation instincts,” he said. “I tried to cover what I did.”
Carbaugh said he was worried no one believed he fired in self-defense because his brother never drew his weapon.
Carbaugh is returning to the stand for cross-examination.
10:25 a.m.: Sharon Blakney, the grandmother of Brandon and Justin Carbaugh, told the jury Brandon had “tormented” Justin since childhood.
“Brandon needed to be in control of every game,” she said.
She said, in later years, Brandon would blow up regularly at the dinner table and Justin would take his plate and leave the room.
“It got to the point he just avoided him,” she said.