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Witness gives detailed account of fatal shooting ... but there were still questions

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Devin Giles reads over a transcript of one of his interviews before answering a question from defense attorney Brett Newkirk. (Rochester Voice photo)

DOVER - A man who met Justin Belanger for the first time the night he is accused of fatally shooting Billy Jo Ahearn testified on Tuesday he saw the suspect hold a small pistol shoulder high, aim and fire at a man with whom he had just exchanged words near Friendly's, only moments later to exclaim, "Fuck, I got the wrong person" as they ran from the scene.

Belanger, 21, is facing up to a life sentence on second-degree murder charges in the death of Ahearn, 24, a Rochester transient formerly of Raymond, who died at 1 a.m. on June 6, about an hour after she was shot.

Justin Belanger looks over as technicians attempt to improve the sound quality of a remote feed from the home of Devin Giles, a witness for the state. (Rochester Voice photo)

Speaking softly from flat on his back due to injuries suffered in a collision with a dump truck while bicycling, Devin Giles, formerly of Rochester and Milton, said he met the man known to him only as J-Lo on a porch at 50 Lafayette St. in Rochester earlier the evening of June 5, and that he, J-Lo, his brother, James, and another man had nothing in particular planned as they walked downtown and then south on South Main Street.

On the way they met up with a man named only as "Brody" who handed Belanger a small pistol, said Giles, who was reminded often to speak louder by Judge Mark E. Howard.

Giles testified that they were on South Main Street headed back toward Lafayette Street when they came upon two women and a man heading in the opposite direction near the Friendly's Coast bus stop.

"Words were exchanged (between the groups)," Giles said. "I saw the man reach into a backpack and J-Lo get the gun."

Justin Belanger 2019 booking photo, Billy Jo Ahearn (Courtesy)

He said after the gun was shown "more words were exchanged" and then he saw J-Lo aim and fire.

"I said, 'No, don't do it' and saw an orange flash out of the corner of my eye," he told Senior Assistant Attorney General Peter Hinckley.

Giles testified he then heard a woman scream and he, J-Lo and the other two fled back to 50 Lafayette St. stopping only when J-Lo "ran into an alleyway and tossed the gun under a porch," he said.

He said as soon as they got back to the house J-Lo urinated on his hands to get rid of the gunpowder smell, and they were in the process of concocting an alibi when police arrived "banging on the door."

He said he and another man then escaped through Justin Belanger's first-floor bedroom window.

Giles said he then called a friend to pick him up. He ended his testimony by revealing that the next day he retrieved the murder weapon from beneath the porch where Belanger had left it, drove to Madbury and tossed it in Barbadoes Pond, from which it was never recovered.

"So you call an old friend to pick you up, and then the next day you go grab a murder weapon for a guy you just met?" quizzed defense Brett Newkirk during cross-examination. "That's serious jail time, but they (the state) gave you immunity for that ... Right?"

"Yes," Giles replied.

Newkirk also noted that during one interview Giles admitted he was so high (on drugs) the night of the shooting he said at one point, "As fair as I know, I could have shot her."

The trial continues today and is expected to wrap up on Friday.

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